Von Glahn v. Brennan

Hayne, C. Ejectment for a lot 40 by 69i feet, on the southwest corner of Filbert and Steiner streets, in the city of San Francisco; verdict and judgment for plaintiff; defendants appeal.

The defendants (who were husband and wife) had no paper title, but relied on adverse possession. The defendant, J. 0. Brennan, says that one Hagan gave him possession in 1872, and told him to hold the lot for one [262]Godfrin (known as French Charlie) until his, Godfrin’s, return; that no one had any right to it except' Godfrin, and that “he did n’t think the Frenchman would come back to claim it.” Defendant Brennan then says: “I claimed it as mine from holding possession.” But we think that the evidence shows he held the property as tenant of one Mrs. Weygant, who was the grantor of the plaintiff. He admits that he was her tenant as to adjoining property, but says that the tenancy did not-apply to the lot in controversy. It is clear that Mrs. Weygant claimed the whole piece. It is covered by the decree of distribution of her husband’s estate. One of defendant’s own witnesses says: “I knew Mrs. Weygant always claimed this lot”; and it was in evidence that Brennan told one Rushmore that Mrs. Weygant claimed it, and he acknowledges that she paid the taxes on it from 1872 (which was the time he went into possession) up to 1883. And it is not likely that she would have allowed Brennan to hold the adjoining piece as her tenant from month to month for so long a period if he had manifested any disposition to claim this lot as his own, when she was all the while claiming it as hers and paying taxes on it. Both pieces were used as a “ milk ranch.” The lot in controversy was used as a calf-corral, and for this purpose was separately inclosed. But it communicated with the other piece by bars, and there was no difference in the general use. Even in the absence of other evidence, we should regard his story of a difference in the way he held the two pieces as an exceedingly lame one. ■ But there is other testimony. It is in evidence that he declared in 1883 to one Tilton, a real-estate broker, that the property belonged to Mrs. Weygant. “He said he was, and had been, holding possession of this lot for Mrs. Weygant. He was going to keep it until Mrs. Weygant says to give it up.” And this conversation had reference to the lot in controversy. He told one Waterman, a police-officer, on an occasion [263]