47 Cal. App. 2d 369 - Wallace v. Whitmore’s Empirical Analysis
1941
Citation profile
30 state decisions
How this case has been cited
Cited by 32 later decisions — most recently August 1977 · most notably O'BANION v. Borba (1948), Gusheroski v. Lewis (1946)
30 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Clarke v. Clarke · 70 Cal. App. 283 - Pacific Gas & Electric Co. v. Crockett Land & Cattle Co. · Fleming v. Howard · 92 Cal. App. 504 - Matthiessen v. Grand · 57 Cal. App. 670 - Wells v. Dias
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Under these circumstances it will be presumed that the use was under a claim of right and adverse, and a prima facie title by prescription is thereby established. ... “A presumption that the use was under a claim of right and adverse arises from an undisputed use of an easement for the established period of prescription; and the burden is upon the party alleging that the use has been by virtue of a license or permission, to prove that fact by affirmative evidence. . . . Where an open and uninterrupted use of an easement for a sufficient length of time to create the presumption of a grant is shown, if the other party relies on the fact that these acts or any part of them were permissive, it is incumbent on such party, by sufficient proof, to rebut such presumption of a non-appearing grant; otherwise the presumption stands as sufficient proof, and establishes the right.” (Jones on Basements, sec. 186.) ’ ” Many cases are cited to support the rule. It is not an indispensable requirement that the adverse claimant show that the record owner had actual knowledge that the claimant was asserting an adverse claim. Possession so open, visible and notorious that it will raise the presumption of an adverse claim is the equivalent of actual, knowledge. (Wood v. Davidson, 62 Cal.App.2d 885 [ 145 P.2d 659 ].)”
1 later decision quote this exact passage““Since it is the recognition of a right in the landowner to put an end to the user which deprives the user of the element of adverseness, and such recognition is in its nature an affirmative fact, the burden of proof in reference thereto is properly on the landowner, that is, in the absence of evidence to the contrary, the user of another’s land is ordinarily presumed to be adverse.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.