Spect v. Hagar

Citations

• 65 Cal. 443
• 4 P. 419
• 1884 Cal. LEXIS 591

Syllabus

<p>Statute of LmiTATtoNS—Adverse Possession—Partition.—Action for partition. The defendant pleaded the Statute of Limitations. The evidence showed that the lands in controversy were patented to Thomas 0. Larkin and John S. Missroon; that Missroon sold his interest to one Whitcomb, the habendum clause of the deed being, “ to have and to hold all and singular the mentioned and described premises; ” that Larkin sold his interest to certain persons through whom the plaintiff claims title, and that subsequent thereto be executed a deed to Whitcomb conveying the same interest and containing a clause of warranty against his acts; that the defendant afterwards entered into possession of the lands under a deed from Whitcomb purporting to convey the whole premises, and that such possession had been continuous for more than five years. Held, that the facts established an adverse possession, within the meaning of section 322 of the Code of Civil Procedure.</p>