Vassault v. Seitz

Citations

• 31 Cal. 225

Syllabus

<p>Adverse Possession.—A finding that at a certain time the defendant received a deed of a tract of land, and from that time forward continued in the actual exclusive adverse and notorious possession of the land, and had the same protected by a substantial inclosure, is a finding of an adverse possession.</p> <p>Waiver of Defense of Statute of Limitations.—If the defendant pleads the Statute of Limitations, and the Court finds an adverse possession of five years, the Supreme Court will not presume that the defense of the statute was waived, unless the record shows such waiver.</p> <p>Defense of Statute of Limitations.—If the Statute of Limitations is pleaded, and the Court finds all the facts necessary to sustain this issue, and gives judgment for the party pleading it, the fact that the prevailing party did not urge the statute in his argument in the Court below, does not preclude him from raising it in the Supreme Court.</p> <p>Judicial Notice of Pendency of Another Action.—Neither the Supreme Court nor a District Court will take judicial notice that proceedings were pending in the United States Court for the final confirmation of a pueblo title, where the record does not show that fact.</p> <p>Statute of Limitations as to Mexican Grant.—Where the plaintiff in ejectment claims under a title derived from the Spanish or Mexican Government, and the defendant relies on and shows five years adverse possession, it is incumbent on the plaintiff to prove that proceedings for a final confirmation are pending, or that the title has been finally confirmed within five years before the commencement of the action, in order to defeat the bar of the Statute of Limitations.</p> <p>Pleading op and Proof of the Proviso to Section Six of Statute of Limitations.—When the Practice Act required a replication to new matter set up in the answer, and the defendant pleaded five years adverse possession, the plaintiff, if he claimed under title derived from the Mexican Government, could not