This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1910 Excerpt: ... and (b) because what they bought was the interest
of their father in the succession. Manifestly, his interest was a
certain fractional proportion, less what he had received on account
Defendants, on the other hand, say that the court erred In not
according to their mother, and (through her) to them, the benefit
of the possession of her vendor (their father), and in not, upon
that basis, maintaining their plea of the prescription of 30 years;
in not allowing them the benefit of their plea of prescription as
to the property sold by them, with respect to which they are
warrantors, entitled to plead any defenses that might be urged by
their vendees; in not maintaining the prescription pleaded against
the demand for money received by them, the action in that respect
being a personal one. There is no doubt that, where an heir (and
the same may be said of a co-proprietor, other than an heir) has
possessed the whole or part of an estate separately for 30 years,
he may successfully oppose a suit for partition. Civ. Code, arts.
1305, 3475. But he must have possessed uninterruptedly and in the
same character during the entire period; and where a person, having
acquired a particular described tract of land, has taken possession
of an adjoining tract, or, having acquired a specific interest in a
particular tract, has taken possession of the whole, with a view of
acquiring the additional tract, or interest, merely by holding
potisesslon of It under a claim of ownership, he does not convey
such possession to a vendee, to whom he sells the tract or Interest
described, and such vendee cannot, for the purpose of aiding
himself in the acquisition by prescription of property not included
in his title, add his vendor's possession to his own, there being
no privity between him ...
|Country of origin:
West Publishing Company
||246 x 189 x 49mm (L x W x T)
||Paperback - Trade
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