Madson v. Cohn

BARNARD, P. J.

This is an action to quiet title to two lots in the residential district of Bakersfield, based upon a claim of adverse possession. The title to the property was

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not traced, so far as the record shows, except that it was acquired through a tax deed by Charles Cohn, now deceased, ° on July 24, 1918. On January 21, 1920, this plaintiff obtained a deed covering this property from the estate of S. M. Morrison. Subsequently the plaintiff paid off the balance of an assessment for putting in a sidewalk in front of the property, the first installment of which had been paid by Cohn. This action was brought on April 4, 1927, the amended complaint alleging that the plaintiff is and has been the owner and in the possession of the property, and “That said plaintiff for a period of over five years prior to filing of his complaint herein and had been in possession of said property herein continuously and paid all taxes, State Court

(sic)

and municipal, levied and assessed against said property and during all of said time had been, and ever since has been, and now is in adverse possession of said property, continuously since the day of-, and paid all taxes levied against said property, State, County and municipal, and all assessments made and levied against said property, and improved said property.” Judgment was entered in favor of the plaintiff, the court finding that ever since January 22, 1920,- the plaintiff “has been in possession, and now is in actual possession of said described land and premises”.

The only question raised by this appeal is as to whether or not adverse possession was established by the respondent, which, in turn, depends upon whether the finding just referred to is sustained by the evidence. While it appears that the respondent paid the remaining installments of the sidewalk assessment and paid all taxes after January 21, 1920, the only evidence as to possession or occupancy is as follow's: The respondent visited the property from four to six times a year at which times he “looked around; figured on a few things to do w'ith it”. During 1925 or 1926 the father of respondent, at his request, planted two rose bushes between the sidewalk and the curb and four trees just inside the sidew'alk. These trees were "watered during two summers and were then broken down and killed by some boys who used the lot for a ball ground. The only other evidence of work or cultivation done on the place was that during one year the foxtail was cleaned off the lots.