California Supreme Court, 1884

Webb v. Clark

California Supreme Court · Decided February 12, 1884

65 Cal. 56; 2 P. 747; 1884 Cal. LEXIS 439

Cases that cite this one

2 later published cases cite this decision.

Blayden v. Morris (Idaho 1923)
McDonald v. Drew (Cal. 1893)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

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