Trenouth v. Gilbert

Citations

• 86 Cal. 584
• 25 P. 126
• 1890 Cal. LEXIS 1071

Syllabus

<p>Trust — Tenancy in Common — Adverse Possession — Prescription — Sufficiency of Evidence — Review upon Appeal — Decision upon Former Appeal— Change of Evidence. —In an action to establish a trust by one claiming to be co-tenant, with others, of a tract of land, where there is sufficient evidence tending to show that all of the contesting defendants had repudiated the plaintiff’s claim, and held adverse possession for more than five years after plaintiff’s right of action accrued, and before suit brought, findings of the court as to adverse possession of the defendant for the statutory period sufficient to bar the plaintiff’s right of entry will not be disturbed, although the evidence may be conflicting, and although upon a former appeal the judgment was reversed for insufficiency of a less amount of evidence in favor of the defendants t.o sustain such findings.</p>