Lummer

Lummer v. Unruh

Good Law
1914 Cal. App. LEXIS 171·25 Cal. App. 97·142 P. 914
Court of Appeal of CaliforniaJuly 3, 1914Civ. No. 1581.California3,767 words

Opinion

Lead Opinion

Shaw, J.

Action to quiet title to real estate. Judgment went for defendants, from which, and an order denying his motion for a new trial,-plaintiff prosecutes this appeal.

Defendant Unruh was sued as executor of the last will and testament of Elias J. Baldwin, deceased, who died March 1, 1909, and defendants Stocker and McClaughry were sued as the residuary legatees under the will of said deceased, all of whom, with the other defendants named, it is alleged, claim some interest, right, or title to the property in dispute.

The land involved, comprising 80.35 acres, is situated in and constitutes a part of the west two-thirds of the San Franeisquito Rancho in Los Angeles County. Plaintiff’s claim thereto is based solely'and alone upon the adverse possession thereof, it being alleged in the complaint filed September 12, 1910, that on or about the twenty-fifth day of November, 1887, at which time the said tract was wild and uncultivated, covered with cactus and other desert growth, he entered into possession thereof, claiming it as his own property, since which time he has been in the open, notorious, exclusive, continuous, peaceable, and adverse possession of the same, claiming title…

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