Williams v. Gross

Citations

• 6 Cal. Unrep. 477
• 61 P. 934
• 1900 Cal. LEXIS 1073

Syllabus

<p>Quieting Title—Adverse Possession—Appeal.—Where, in a suit to quiet title, plaintiff and his grantor claimed title by adverse possession, and there was an irreconcilable conflict in the evidence as to whether plaintiff’s grantor had furnished the money with which the property was bought, the findings of the lower court on such question will not be disturbed on appeal.</p> <p>Adverse Possession—Payment of Taxes.—Code of Civil Procedure, section 325, provides that in. no ease shall title by adverse possession be considered established unless the party claiming such title shall have paid all taxes assessed against the land. Plaintiff and his grantor claimed title to a portion, of a mining claim by adverse possession, and alleged payment of taxes by them for a period of thirteen years. Plaintiff’s grantor testified that he furnished the money to Ms niece, and she paid the taxes. The niece and other witnesses denied that she received money from plaintiff’s grantor, and stated that she paid the taxes with money belonging to her brother. The tax receipts offered in evidence confirmed the latter witnesses. Held, sufficient to sustain a finding that the taxes had not been paid by plaintiff or his grantor during the years claimed, and hence that they had not acquired title by adverse possession.</p>