53 Cal. 39
Decided July 1, 1878
California Supreme Court · decided 1878-07-01
The action was ejectment for one-third of a fifty-vara lot in San Francisco, and was commenced May 17th, 1871. The defendant pleaded the Statute of Limitations, deraigning title from E. J. Baldwin, by a deed dated May 9th, 1862, and claiming continuous adverse possession for more than five years thereafter. The plaintiff deraigned title from A. Wolf, by deed of May 7th, 1871.
Cited by 2 later decisions — most recently October 1887
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1878-07-01
View the full empirical analysis of this case →
¶1There certainly was evidence tending to show that defendant was in the adverse possession continuously of the premises in controversy, for more than five years from May, 1862. The judgment-roll in the forcible-entry case was admissible, as tending to show that such adverse possession continued at least until July, 1867.
¶2Appeal from judgment dismissed, and order denying new trial affirmed. Remittitur forthwith.