Odd Fellows' Savings Bank v. Turman

Citations

• 3 Cal. Unrep. 546
• 30 P. 966
• 1892 Cal. LEXIS 1029

Syllabus

<p>Trespass—Title to Maintain.—Certified Transcripts of several recorded deeds, the first purporting to convey “a portion” of certain land, but not designating any particular portion, the second a “further portion,” and the third the “remaining portion,” offered without any showing of title in the grantors or that the grantee had entered claiming under the said deeds, are not sufficient evidence of title to enable the grantee to maintain an action for trespass on the land.</p> <p>Trespass—Possession.—Evidence of the survey of land, made for the purpose of locating a certain lake, an advertisement of the land for sale or rent, and a notification to a certain stockman to keep, his stock off of “that land,” is not sufficient, as to actual possession, to enable the alleged owner to maintain an action for trespass on the land.1</p> <p>Trespass — Defense — Estoppel.— The fact that defendant, in an action for trespass on land, makes the defense that the land was not fenced, does not estop him afterward from denying plaintiff’s ownership of the land.</p>