Tuffree v. Polhemus

Citations

• 108 Cal. 670
• 41 P. 806
• 1895 Cal. LEXIS 902

Syllabus

<p>Adverse Possession — Statute of Limitations — Patent Confirming Mexican Grant.—The statute o£ limitations does not commence to run against parties claiming under a patent confirming a Mexican grant until the date of the issuance of the patent, if the adverse claimant does not show the existence of a perfect grant prior to the issuance of the patent.</p> <p>Id,—Payment of Taxes—Agreement.—Payment of taxes by the adverse possessor is essential to the obtaining of title by adverse possession, and the adverse claimant cannot rely upon an agreement by one of the parties against whom the patent is invoked, promising to pay the taxes for the possessor.</p> <p>Quieting Title—Equitable Title—Pleading—Proof—Objection upon Appeal.—Where the plaintiff relies upon an equitable title in an action to quiet title, objection to the sufficiency of the complaint in stating the facts showing the equitable title cannot be taken for the first time upon appeal, where the evidence showing the equitable title of plaintiff was admitted without objection.</p> <p>Id.—Rights of Holder of Equitable Title—Construction of Code.— Under section 738 of the Code of Civil Procedure the holder of an equitable title has the right to come before the court in an action to quiet title and have his equities declared superior to any and all opposing equities; although, as a general rule, the possessor of an equitable title cannot bring an action to quiet such title against the holder of a legal title.</p> <p>Id.—Executed Parol Gift.—An executed parol gift of land by a father to his daughter vests in her his interest in the land.</p> <p>Id.—Executed Parol Partition.—Land in this state may be partitioned by parol; and where the title is held by a mere naked trustee, and the cotenants, who are the beneficiaries, entered into a verbal agreement that they would each select a section from among the lands comprising the tract, and that such selection, so made, should be owned by the person selecting in severalty,