Sepulveda v. Sepulveda

Citations

• 39 Cal. 13

Syllabus

<p>Actions to Quiet Title.—The Possession Necessaby.—The possession necessary to maintain an action, under Section 254 of the Practice Act, must ho such as would enable the plaintiff, without the aid of any other title, to maintain an action to eject a mere intruder therefrom.</p> <p>Idem. —If adverse possession, to a part of the land, should be shown in a third person, the suit would he considered as brought to determine the adverse claim of the defendant, only, to the land remaining in the possession of the plaintiff.</p> <p>By Temple, J., dissenting:</p> <p>Possession at Common Law.—At common law, the owner, after a mere entry, is deemed in the actual possession, until ousted by an actual adverse possession. Possession undeb the Statute.—If the owner has full dominion and control of his property (which he has, if not held adversely), he may well he said to be in possession, in every sense of the word.</p> <p>Idem. —I think the true rule, under the statute, is, that whenever the owner has a possession, whether actual or constructive, which may be intruded upon, he may bring suit to determine an adverse claim, and thus prevent an intrusion under claim of title.</p>