Whitman v. Steiger

Citations

• 46 Cal. 256
• 1873 Cal. LEXIS 167

Syllabus

<p>Instructions to Jury. — It is error for the Court to instruct the jury to find upon a question of fact in relation to which there is no evidence before them.</p> <p>The Court must Construe Conveyances. —■ If there is evidence tending to show that title to public lands has passed out of the Government, it is a question for the Court and not for the jury to determine whether the conveyances were operative to divest the title of the Government and vest it in the party claiming it.</p> <p>Limitation or Action as to Division Fence. — If one of two coterminous proprietors of land erects what is intended to be a division fence, claiming it to be on .the true line, and holds and occupies the land included by the fence adversely for five years, this is sufficient to support the Statute of Limitations, even though the other coterminous proprietor did not at any time acqyiesce^ in the location of the fence, but constantly protested against it.</p> <p>Paramount Source or Title in Ejectment. — When both parties claim under a common source of title, it is unnecessary for the plaintiff in ejectment to trace his title back to the paramount source of title.</p>