Haney v. Kinevan

73 Cal.App.2d 343 (1946) GEORGE E. HANEY et al., Appellants,

v.

EMMET J. KINEVAN et al., Respondents.

Civ. No. 14979. California Court of Appeals. Second Dist., Div. Two.

Feb. 28, 1946. Henry Sterling Gill for Appellants.

Leland Crawford for Respondents.

McCOMB, J.

From a judgment in favor of defendants in an action to quiet title to certain property located in Santa Barbara County, plaintiffs appeal. [344]

[1a] This is the sole question necessary for us to determine:

Were plaintiffs barred by the provisions of section 318 of the Code of Civil Procedure from maintaining the present action?

This question must be answered in the affirmative and is governed by the following pertinent rules of law:

(1) An action for the recovery of real property cannot be maintained unless the person asserting the cause of action or under whose title the action is prosecuted, or the ancestor, predecessor or grantor of such person has been seized or possessed of the property in question within five years before the commencement of the action to enforce such right or claim. (Code Civ. Proc., 318; Housing Authority v. Pirrone, 65 Cal.App.2d 566 [151 P.2d 22] and cases therein cited.)

[2] (2) An action to quiet title to real property is an action for the recovery thereof within the meaning of section 318 of the Code of Civil Procedure. (South Tule Ind. Ditch Co. v. King, 144 Cal. 450, 455 [77 P. 1032]; Townsend v. Driver, 5 Cal.App. 581, 583 [90 P. 1071].)

[3] (3) The burden of proof is upon plaintiffs to show that they or their ancestors, predecessors or the grantors of such persons have been seized or possessed of the property in question within five years before the commencement of the action. (Patchett v. Webber, 198 Cal. 440, 451 [245 P. 422]; Akley v. Bassett, 189 Cal. 625, 646 [209 P. 576].)