Marshall v. Beysser

Hayne, C. Action of ejectment. The plaintiff relies upon a patent from the state of California, issued March 12, 1870. He never had any possession of the land until he forcibly dispossessed the defendants, on March 23, 1884. The defendants rely upon the statute of limitations. Special issues were submitted to the jury, which answered all the questions is favor of the defendants. The court adopted the findings of the jury, and made certain additional findings of its own, and ordered judgment thereon in favor of the defendants. The plaintiff appeals from the judgment, and an order denying his motion for a new trial.

The point mainly relied on is, that the evidence is insufficient to show a five years’ possession of the kind required by the statute. We think there is ample evidence to sustain the findings.

It appears that in 1873 one T. N. Beatty (the nature of whose title does not clearly appear) conveyed the land in controversy to one John Urquilux, who-was one of three partners commonly known as the “Bascos,”

probably from their nationality. The Bascos were in possession under this deed. According to the witness Carnduff, “ along in 1870-73, the Bascos had somewhere near one thousand head of cattle. .... The Bascos had possession in 1874. They had cattle then.” It is not necessary, however, to trace the possession so far back. Five years prior to March 23, 1884, will be sufficient. And there is sufficient testimony of this.

The witness Leon Chapin testifies that he went to the ranch in January, 1877, and worked there until February or April, 1880; that he had charge of the ranch for the Bascos; that in 1876 the land was rented [546]to one Walker, who kept possession until 1878, and had sheep pastured on the land, and was then “ out for ten months”; that witness had charge of the ranch during this ten months, being paid by the Bascos, and living on the premises; that in 1879-80 the land was rented to Walker and Willis.

Walker testifies as follows: “I.rented the whole Basco ranch, commencing in 1877, and succeeding through the year 1878. .... I used all the Basco ranch for grazing purposes for sheep. The sheep were in charge of a herder. No other sheep or cattle were allowed to pasture on the land. .... I leased the Basco ranch and land in controversy in March or April, 1879, the lease to commence September 15, 1879. Mr. Willis was in partnership with me. .... Chapin was living on the Basco ranch as keeper in that house on section 19, defendant’s extension 1, during the intervening space between 1878 and 1879; we held possession of the Basco ranch for three years. .... We did n’t have the land all of 1879; rented it in April, the lease to commence in September, 1879. We had it during 1880-82. Mr. Willis had it in 1883. Willis I know used part of the Basco ranch for grazing.”