Garabaldi v. Shattuck

Belcher, C. C. This is an action to quiet title to certain land in Butte County.

The plaintiff had judgment, and the defendant appealed.

[512]It appears from the findings that on the twenty-sixth day of February, 1866, one Richard F. Floyd was in possession of the land in question,—it being then public land of the United States,—and on that day, on his own motion and without consideration of any kind, made a deed purporting to convey it in fee to. the defendant. The deed was acknowledged and recorded, but the grantee did not take possession under it. On the contrary, Floyd remained in possession; and from that time until April, 1885, he held the actual, open, notorious, exclusive, peaceable, and adverse possession of the premises, and of every part thereof, claiming the same in his own right, and adversely to all the world, and especially as against the defendant.

In May, 1881, Floyd obtained the title to a part of the land by patent from the United States, and in June, 1885, he obtained the title to the balance of it by deed from the Central Pacific Railroad Company. Floyd conveyed the land to the plaintiff, and the plaintiff thereupon commenced this action.

It is now claimed for the defendant, appellant here, that the titles acquired by Floyd in 1881 and 1885 immediately passed to and vested in the defendant by reason of his deed of 1866.

We do not think this claim can be maintained. There can be no doubt that a grantor, even with a covenant of warranty, may after his deed is delivered take adverse possession of the property conveyed, and if his possession is allowed to continue during the period prescribed by the statute of limitations, obtain a title as against his grantee. (Franklin v. Dorland, 28 Cal. 180; S. C., 87 Am. Dec. 111; Sherman v. Kane, 86 N. Y. 57; Traip v. Traip, 57 Me. 268; Smith v. Montes, 11 Tex. 24.)

-' An adverse possession of land for the period of time prescribed by the statute not only bars the remedy, but practically extinguishes the right of the party having the true paper title, and vests a perfect title in the ad[513]