Webb v. Clark
A. H. WEBB v. A. C. CLARK
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
The Court.
Ejectment, wherein plaintiff established in himself a right of entry to the land in dispute at the commencement of the action, and defendant attempted to bar the right by proof of five years’ adverse possession from the time of his entry on the land in 1876. But, as a witness on his own behalf, he testified that he had not, at any time during his occupancy of the land, paid the taxes which had been levied and assessed upon *57it, as required by section 325, of the Code of Civil Procedure, to establish adverse possession. Yet there was a verdict in his favor, which the court below, on'motion for a new trial, refused to set aside. This was error. (C. P. R. R. Co. v. Shackelford, 63 Cal. 261.)
Judgment and order reversed and cause remanded.
Cites, in this corpus
- Central Pacific Railroad v. Shackelford · 1883-03-23
Cited by
- McDonald v. Drew No. 14916 · 1893-02-08
- Ball v. Nichols No. 11934 · 1887-08-16