Alvarado
Alvarado v. Nordholt
Opinion
Lead Opinion
Haven, J.
Action to recover possession of an undivided interest in a certain lot in the city of Los Angeles, which plaintiff claims to own in common with four of the defendants, the other. defend ants being tenants of these four.
The plaintiff claims title to a portion of the interest sought to be recovered by him by inheritance from his grandfather, Francisco Javier Alvarado, and to the remaining portion by purchase from certain heirs of the same person.
The answer denied plaintiff’s alleged ownership, and also contained a plea of the statute of limitations.
The court found that plaintiff was not the owner of any interest in the property, and also that his cause of action is barred by section 318 of the Code of Civil Procedure, and thereupon judgment was entered in favor of defendants.
The plaintiff insists that the findings of the court are not sustained by the evidence.
The land in controversy is within the limits of the former pueblo of Los Angeles. No written evidence of title in plaintiff’s grandfather was produced, but it was shown that he occupied the premises as a house-lot from 1817 until the date of his death in 1831, and that his widow continued in the occupation thereof…