Semple v. Cook

Citations

• 50 Cal. 26
• 1875 Cal. LEXIS 76

Syllabus

<p>Defense in Ejectment.—If, in ejectment, the answer is a general denial, ' the defendant may prove any fact going to show that the plaintiff had no right of entry at the time the action was commenced.</p> <p>Reversal of Judgment on Findings.—A judgment will not be reversed on the findings alone, unless they show affirmatively that no such judgment could properly have been rendered.</p> <p>Constructive Possession—Limitation of Aotions.—If one who claims title under a deed to a large tract of land, enters upon it and erects a house, and acquires actual possession of a small part around his house, and constructive possession of the whole, and the owner of the true title afterwards enters on the same tract in another place claiming the whole, the constructive possession thus acquired by the one who first entered is overcome by the constructive possession of the true owner, so that the Statute of Limitations does not run in favor of the one who has not the true title.</p> <p>Idem.—If the holders of two hostile titles to the same tract of land are each in the occupation of a small portion within the exterior boundaries of the tract, the constructive possession follows the true title, and the Statute of Limitations does not run in favor of the holder of the invalid title, except as to his actual possession.</p>