Oglesby v. Hollister

Citations

• 76 Cal. 136
• 18 P. 146
• 1888 Cal. LEXIS 841

Syllabus

<p>Void Tax Deed—Recording—Notice. —A tax deed which is void on its face does not affect the title, and its registration gives no notice to any person.</p> <p>Tenants in Common—Dctt to Pat Taxes. — A tenant in common of land is under no duty to pay the taxes assessed upon the undivided interest of his co-tenant.</p> <p>Id.—Adverse Possession—Purchase of Tax Title. ■—The attempted purchase at a tax sale by a tenant in common of his co-tenant’s title, and the taking of a tax deed void on its face, purporting to convey the same, indicate a purpose by the purchaser to claim the whole title adversely to his co-tenant.</p> <p>Id. —Ouster of Co-tenant—Evidence of. — An ouster or disseisin by a tenent in common is not to be presumed from the mere fact of sole possession, but it may be proved by such possession accompanied-by a notorious claim of exclusive right.</p> <p>Id. — Finding — Evidence.—A finding that a tenant in common of the land in question had acquired title to the same by adverse possession as against his co-tenant, held, supported by the evidence.</p>