Colorado Pacific Land Co. v. Clinton E. Worden Co.

This is an action to quiet title, based on adverse possession. During the time adverse possession is claimed to have been running in favor of plaintiff on the tract of 4.85 acres involved defendant was the record owner thereof. It was also owner of 80.65 acres lying in the northwest quarter of section 4, north of Kern River. During said time plaintiff was the record owner of 78 acres lying in said northwest quarter of section 4, south of the Kern River, being all the land in said quarter south of the river, except the said 4.85-acre- tract. The Kern River runs through the quarter from its northeast corner to the. southwest corner, dividing it into nearly equal parts. The quarter contained 163.50 acres according to government survey. The tax receipts introduced in evidence show the lands of the parties listed for taxation in said section 4, as follows: To defendant, all north of river in section 4, 85 acres; to plaintiff, the northwest quarter, section 4, south of river, 78 acres. In which assessment did the assessor include the 4.85-acre tract?

The law requires each person to make a statement of property owned by him and deliver it to the assessor, from which, with such…