Dong Chun Len v. Luke Kow Lee

STURTEVANT, J.

From a judgment in favor of the plaintiff in an action to quiet title, one of the defendants, Luke Kow Lee, has appealed and has brought up a bill of exceptions.

[195]

Prior to 1927 the defendant was the owner of the property, two lots in the city of Salinas. He made a visit to China. In his absence a street improvement proceeding was commenced and conducted to a conclusion. That proceeding resulted in a sale of the property for nonpayment of the defendant’s assessment. In 1930 the defendant returned to Salinas and on learning what had taken place he appeared in the street assessment, proceedings and applied for relief. His motion was denied and he appealed, but the order denying his motion was affirmed.

(City of Salinas

v.

Luke Kow Lee,

217 Cal. 252 [18 Pac. (2d) 335].) After the

remittitur

went down this plaintiff commenced an action under the provisions of section 749 et seq. of the Code of Civil Procedure. This defendant appeared and answered. On the trial the plaintiff introduced evidence by which she sought to establish title (1) by adverse possession for twenty years, and (2) by virtue of the judgment in

City of Salinas

v.

Luke Kow Lee, supra.

The trial court made findings in favor of the plaintiff. It did not find that the plaintiff established title by adverse possession for twenty years but that she did establish title by adverse possession for five years.

We will take up first her claim of title as by adverse possession. She commenced this action on December 29, 1933. At the sheriff’s sale the property was sold to C. W. Stanfield and was by him conveyed to A. H. Bordges. On August 24, 1928, Bordges conveyed to Collin H. Dong. Prom that date on there is evidence of adverse possession by the plaintiff and her grantors for a period exceeding five years, and a full compliance with the law.