Unger v. Roper (1878) · DecisionDepot

Unger v. Roper

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1878 No. No. 4014Published

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Holding. The court held that evidence of the defendant's continuous adverse possession for over five years was sufficient and that the judgment-roll from a prior forcible-entry case was admissible to prove the duration of that possession.

Issues

Whether evidence supported the defendant's claim of continuous adverse possession for more than five years.
Whether the judgment-roll in a forcible-entry case was admissible to establish the duration of adverse possession.

Disposition. Appeal dismissed and order denying new trial affirmed.

Quotations verified verbatim against the opinion

“There certainly was evidence tending to show that defendant was in the adverse possession continuously of the premises in controversy, for more than five years from May, 1862.”

“The judgment-roll in the forcible-entry case was admissible, as tending to show that such adverse possession continued at least until July, 1867.”

Synopsis

Statute of Limitations — Judgment-Rom, as Evidence.—In an action of ejectment, where the defendant pleads the Statute of Limitations, a judgment-roll, in a forcible-entry case, is admissible as evidence of the defendant’s adverse possession.

By the Court : There certainly was evidence tending to show that defendant was in the adverse possession continuously of the premises in controversy, for more than five years from May, 1862. The judgment-roll in the forcible-entry case was admissible, as tending to show that such adverse possession continued at least until July, 1867.

Appeal from judgment dismissed, and order denying new trial affirmed. Remittitur forthwith.

Unger v. Roper

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