Taylor v. Central Pacific Railroad

Citations

• 67 Cal. 615
• 8 P. 436
• 1885 Cal. LEXIS 708

Syllabus

<p>Findings—Admissions in Pleading.—No findings are necessary as to facts admitted by tbe pleadings.</p> <p>Possession—When Imparts Notice__Possession of land, in order to impart notice of the rights.and equities of the holder, must be actual, open, exclusive, notorious, and visible.</p> <p>Contract fob Purchase of Land—Action to Enforce—Findings.—The action was brought by the plaintiffs, suing as husband and wife, to compel the defendant Davis to assign a contract for the purchase of certain land owned by the Central Pacific Railroad Company, and to require the company to convey the land to them. The plaintiffs claimed to have a prior right to purchase the land under an alleged contract entered into by the company with the wife, which contract was founded upon an alleged acceptance of, and compliance with the conditions of a circular issued by the company. The court found that the company had issued a circular in which it invited persons to settle upon and improve its lands, and promised that those so doing, and who should file applications therefor, should be preferred purchasers. The court further found that no application to purchase had been filed by the wife, and that she never settled upon or improved tbe land, as required by the circular. Held, that the findings were sustained by the evidence.</p> <p>Id.—Evidence—Declarations of Vendor. — On the trial of the action, the plaintiffs offered to prove certain declarations made by the officers of the company in reference to a sale of the land. It did not appear from the offer whether tbe declarations were made before or after the execution of the contract for the purchase by the defendant Davis, nor was he shown to have been present at or to have had any knowledge of the declarations. Held, that the evidence was properly rejected.</p> <p>Id.—Notice—Possession.—The defendant Davis testified that at the time of his contract to purchase, he had no knowledge that any portion of the land had been enclosed by the plain