Osborne v. Clark

Citations

• 60 Cal. 622
• 1882 Cal. LEXIS 520

Syllabus

<p>Statute of Limitations—Adverse Possession—Findings—Probative Facts—Presumption of Law.—In an action of ejectment commenced Sept. 22, 1880, in which the defendant pleaded the Statute of Limitations, as to a portion of the land in controversy, the Court found, upon that issue, in effect, that the defendant purchased from a tenant at sufferance of the plaintiffs, and entered into possession of a house standing upon the land in question, but that he did not claim or hold the land adversely to the plaintiffs until about the first day of March, 1878; and it was objected that the finding did not cover the issue as to the statute.</p> <p>Held: From these probative facts the ultimate fact results that the cause of • action was not barred by the statute. The finding therefore covered the issue.</p>