Stephens v. Mansfield

Citations

• 11 Cal. 363

Syllabus

<p>Plaintiff was in possession of a tract of land (a part of the public domain of the United States) under a deed of purchase from another, who at the date of the deed was also in possession, which deed was duly recorded ; and after being so possessed for several months, he made a verbal sale of the land to one H, for the consideration of §600 ; and H, after remaining in possession for two years, sold the premises to defendant: Held, that plaintiff’s transfer of the land td-H did not amount to an abandonment.</p> <p>There can be no such thing as an abandonment of land in favor of a particular individual, and for a consideration.</p> <p>Abandonment must be made by the owner, without being pressed by any duty, necessity or utility to himself, but simply because he desires no longer to possess the thing; and further, it must be made without any desire that any other person shall acquire the same.</p> <p>Where plaintiff had possession under a deed duly recorded, and the defendant having entered with notice of, and in subordination to, plaintiff’s title, cannot be permitted to deny it in an action of ejectment.</p>