Southern California Railroad v. Slauson

Citations

• 6 Cal. Unrep. 874
• 68 P. 107
• 1902 Cal. LEXIS 890

Syllabus

<p>Appeal—Notice—Time.—An Appeal will be Dismissed where the notice thereof is not given within the statutory time.1</p> <p>Railroad—Adverse Possession.—On an Issue Whether a Railroad has acquired title to land by adverse possession, evidence that the person whom it had authorized to obtain rights of way for its road had an interview with the land owner, at which the latter agreed that the railroad might enter the land and lay its tracks thereon, provided it put in a station, and that on such performance the owner would make a deed of the right of way, was admissible, although there was no written contract to show that the railroad entered the land under the owner’s permission, and not hostilely.</p> <p>Railroad—Adverse Possession.—A Railroad Company and a Land Owner agreed that, if the former would lay its tracks over the land, and put in a station, the owner would make a deed of the right of way; and thereafter the road was built and operated, but no station was built, nor did trains stop on the land. Held, that, the railroad having gone into possession under permission and in consonance with the owner’s title, which it was not to have until the performance of conditions which had not been performed, the possession of the railroad was not adverse to the owner.2</p> <p>Quieting Title—Prescription—Findings.—Where, in a suit to quiet title, plaintiff claimed title by prescription, and it was found that plaintiff had no title, the findings were not open to the criticism because of no express findings as to limitations, inasmuch as the finding of the ultimate fact as to the title included the whole controversy.</p> <p>Quieting Title—Appeal.—Whether the Findings in a Suit to quiet title sustain a judgment giving defendant restitution of possession cannot be examined on an appeal from an order denying a motion for a new trial.</p>