Shanahan v. Tomlinson

Citations

• 103 Cal. 89
• 36 P. 1009
• 1894 Cal. LEXIS 727

Syllabus

<p>Ejectment — Priority of Possession. — Prior possession is ■ sufficient ground for the maintenance of an action of ejectment against a naked trespasser.</p> <p>Id. —Prescriptive Right of Plaintiff—Payment of Taxes—Unnecessary Proof.—The provision of section 325 of the Code of Civil Procedure relating to the payment of taxes by one claiming title to land by adverse possession applies only to a case in which there is a contest between the holder of the legal title and a party claiming possession for five years adversely to such legal title, and does not apply to a case where a plaintiff in an action of ejectment is simply protecting his post, -'ssion against one who entered thereon without right or title.</p>