Colorado Reports Volume 29

Colorado Reports Volume 29

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ... operation, and, if the latter, whether it is inhibited by section 11 of article 2 of our constitution directed against retrospective laws But in the view we take of the case, it is not necessary to piss upon these matters. Assuming for the purposes of this opinion only, but not so deciding, that the limitation act of 1893 governs, we proceed to inquire whether defendants have brought themselves within its provisions. The first possession which defendant's claim was taken of any portion of out-lot 5 was in 1874 by Thompson, who then was the owner of lots 21 and 22. We have examined with much care the entire record in this case, and are entirely convinced that, at least until possession was taken by Mrs. Welch in 1881, there is not any evidence whatever to show that the possession of any of the occu pants was antagonistic or adverse to the legal title of john Evans. The presumption of law is that possession of property is in consonance, or harmony, with the rights of the true owner, and before any rights based upon possession or occupancy can extinguish that legal title, it must be shown, among other things, that it was antagonistic. Defendants ingeniously seek to draw a distinction between a possession claimed under this section' of the limitation act, and an ordinary adverse possession, as generally understood. Counsel argues that while, if defendants' rights were based upon adverse possession, it must be shown that it was inimical to the legal title, that undera claim based upon this statute of limitations, such facts need not be shown. This is not the law. Possession, however long continued, if, with the permission of the true owner, will not operate to extinguish the legal title. And for aught that appears to the more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236963016
  • 9781236963017