Nighbert

Kern County Land Co. v. Nighbert

Good Law
1925 Cal. App. LEXIS 121·75 Cal. App. 103·241 P. 915
Court of Appeal of CaliforniaNovember 4, 1925Docket No. 5255.California1,835 words

Opinion

Lead Opinion

Langdon, J.

This appeal is by the defendant from a judgment denying his claim of ownership to certain real property situated in Kern County, California.

The plaintiff brought an action to quiet its title to the land in controversy and named Thomas Sanders and unknown persons claiming any interest therein, as defendants. The complaint alleged that plaintiff was the owner in fee and entitled to the possession and seised and possessed of the land described therein, and also alleged that for more than twenty years prior to the commencement of the action plaintiff had been in the actual, exclusive, continuous, and adverse possession of the property, holding the same and claiming to hold the same in fee adversely against all the world, and had paid all taxes assessed against said property during said period.

Appellant filed an answer denying specifically the allegations of the complaint and setting forth that on October 30, 1887, the land was conveyed to Thomas Sanders by United States patent, duly recorded; that Sanders remained the owner thereof until April 27, 1920, when he conveyed his interest to defendant Nighbert, who has since been the owner thereof, and asked that he be substituted in…

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