Foss v. Central Pacific Railroad

ROSS, J., pro tem. Appellants sued to quiet title. Bespondents asserted an interest in that part of the propertyinvolved in this appeal. As to that part of the property the judgment of the trial court was that appellants were the owners, subject to certain rights, easements and privileges owned by appellants and the nine respondents as tenants in common, a 369/540 interest belonging to appellants and a 19/540 interest to each of said respondents. From this portion of the judgment the appeal is taken.

The land was originally a patented placer mining claim. In 1878 the patentees deeded a part of it to three Fosses, predecessors of appellants, specifically reserving the mineral rights and necessary easements for mining. They also conveyed a limited right to use the remainder for “pasturage meadow and other agricultural purposes”, and providing that mining operations were not to be interrupted, obstructed or interfered with.

Mulbry Foss at the time of his death was the record owner of the title granted by the deed of 1878 and also a 369/540 interest in the mineral rights and easements. Bespondents succeeded to a 19/540 interest each in the latter rights from their deceased father, who owned of record a 171/540 interest in said mineral rights and easements.

In the Mulbry Foss estate proceedings, .in 1920, by decree of distribution the land in question was distributed as one of the assets of his estate, without any mention of the mineral rights and easements, to appellants and a predecessor in interest of appellants.

Appellants then (in 1920) entered into possession and continued in possession, claiming to own said land in fee, in apparent good faith. They paid the taxes on the land, made improvements, used a small portion for a family cemetery, granted a right of way for a county road, enclosed the land with fences and excluded trespassers, and leased the property at times for pasturage and grazing. This action was com[120]menced in December, 1930. Respondents in their answer asserted the 19/540 interest of each of them.

The question before this court has been aptly put by respondents in their brief.

" Where patentees of a placer claim by deed severed the title to the surface from the underlying minerals, reserving to themselves the mineral rights together with appurtenant can successors in interest of the grantees of the surface title, who are also cotenants of record of the mineral rights and easements, acquire title by adverse possession against their cotenants of record of the mineral rights and easements by exclusive and continuous occupation of the surface for agricultural purposes for the prescriptive period under color of title of a decree of distribution purporting to distribute to them the property in f ee ? ”