Reynolds v. Willard

Citations

• 80 Cal. 605
• 22 P. 262
• 1889 Cal. LEXIS 964

Syllabus

<p>Ejectment—Statute of Limitations — Adverse Possession—Payment of Taxes—Presumption — Burden of Proof — Findings.—When the plaintiff in an action of ejectment proves a paper title, his case is made out; and if the defendant relies upon adverse possession under the statute of limitations, he must prove either that no taxes were levied and assessed upon the land, or that he paid all taxes which were levied and assessed thereon. In the absence of such proof by defendant, it must be presumed that the assessor did his duty, and that the property in controversy had been assessed for taxes, and the court should find that the taxes thereon had been levied and assessed, and that defendant had not paid the same. (Thornton, J., and McFarland, J., dissenting.)</p> <p>Id, — Payment of Taxes Prior to 1878 — Instruction — Harmless Error. — A defendant is not bound to prove payment of taxes, to constitute adverse possession prior to 1878; but if the proof shows no such possession as was protected by the statute of limitations, an instruction that the defendant must have paid all taxes assessed on the land is a harmless error.</p> <p>Id.—Actual Payment of Taxes — Belief of Defendant.—The defendant is bound to prove under the statute that he actually paid the taxes on the land in controversy. It is not sufficient for him to show that he paid taxes on other lands, supposing them to include the lands in dispute.</p>