Packard v. Johnson

Citations

• 51 Cal. 545

Syllabus

<p>Ottsteb or Tenant in Common.—In ejectment brought by a tenant in common against his co-tenant, if the defendant, in his answer, sets up title in himself, it is evidence of an ouster sufficient to enable the plaintiff to maintain the action, so far as the pleadings are concerned.</p> <p>Recobding Conveyances.—If the owner makes a written sale of land before the docketing of a judgment recovered against him,'and after the judgment is docketed executes to the purchaser and acknowledges a conveyance whicli is recorded before a sheriff’s deed made under the judgment is recorded, the purchaser’s title will prevail over the title acquired under the sheriff’s sale.</p> <p>Limitation or Action as against Tenant in Common.—If a tenant in common, who is in the possession of the entire tract, sells the whole tract, and the purchaser, with notice of the co-tenancy, enters into possession, he must, in order to acquire the title of the co-tenant by the statute of limitations, pi-ove an actual ouster the same as his grantor would have been required to do had he remained in possession.</p> <p>Ouster by Tenant in Common.—-The exclusive occupation of the whole tract, and cultivation of the same, and payment of taxes, by. a tenant in common, are not of themselves sufficient to constitute an ouster of the co-tenant.</p>