Patchett v. Pac. Coast Ry. Co.

Citations

• 100 Cal. 505
• 35 P. 73
• 1893 Cal. LEXIS 825

Syllabus

<p>Private Way—Easement—Prescription.—A private right of way over laud is an easement, and an interest in the land which may be acquired by prescription.</p> <p>Id.—Infants Barred by Prescription Against Trustee.—A prescriptive right to a right of way may be acquired as against infants, where their property is in the hands of a trustee, if he fail to bring an action to recover the estate within the statutory period.</p> <p>Id.—Statute of Limitations—Trust Estate.—The rule that the statute of limitations does not bar a trust estate holds only between cestui que trust and the trustee, and not as between the cestui que trust and trustee on one side and strangers on the other; and when a trustee is barred by the statute of limitations, the cestui que trust is likewise barred, even though an infant.</p>