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76 Cal. 169

Tappendorff v. Downing

California Supreme Court

Decided May 19, 1888

California Supreme Court · decided 1888-05-19

The action was brought to recover the possession of certain land lying along the bank of Eel River, in Humboldt County, which had been formed by accretion to the fractional southeast quarter of the northwest quarter of section 25, in township 3 north, range 2 west, Humboldt meridian. Prior to 1859, the United States government, by its patent, conveyed the said fractional quarter of the quarter-section to one G. G. Dudley.

Relies on Barstow v. Newman · Odd Fellows' Savings Bank v. Banton

Good law ✅— No negative treatment on recordhow we know

Decided 1888-05-19

How this case has been cited

Cited by 7 later decisions — most recently December 1971

7 state decisions

301888189019001910192019301940195019601970decided

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.

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Hayne, C.

¶1In this case, we think that the land formed by accretion was part of the adjoining fractional quarter-section, and that, therefore, the accretion passed by the deeds conveying the fractional- quarter by its number. The statement of the quantity of land. conveyed by a deed is not controlling.

¶2With reference to the statute of limitations, if we assume that the appellant’s specification is sufficient to raise the question (which is doubtful: See Barstow v. Newman, 34 Cal. 91; Goodrich v. Van Landigham, 46 Cal. 603), we do not think the evidence shows a case of adverse possession by the plaintiff for the requisite period. It may be that there was such possession; but the fact does not appear from the record.

¶3Since the appellant has no title to the fractional quarter-section as it originally stood, or to the accretion, there can be no question as to a boundary line between the two.

¶4We therefore advise that the judgment and order appealed from be affirmed.

¶5*171Foote, C., and Belcher, C. C., concurred.

The Court.

¶6For the reasons given in the foregoing opinion, the judgment and order appealed from are affirmed.

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