Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/30

== CODE CIVIL PROCEDURE ==

Commencing Actions §§ 7364-7367
when the right to make such entry descended or accured.

[R.C. 1905, § 6776; C. Civ. P. 1877; § 43; R.C. 1899, § 5190.]

§ 7365. Possession presumed. In every action for the recovery of real property or the possession thereof the person established a legal title to the premises shall be presumed to have been possessed thereof within the time required by law; and the occupation of such premises by any other person shall be deemed to have been under and the subordination to the legal title, unless it appears that such premises have been held and possessed adversely to such legal title for twenty years before the commencement of such action.

[R.C. 1905, § 6777; C. Civ. P. 1877, § 44; R.C. 1899, § 5191.]

Record title as carrying presumption of possession. Enderlin Invest Co. v. Nordhagen 18 N.D. 517, 123 N.W. 390.

§ 7366. Occupation under written instrument. Whenever it shall appear that the occupant or those under whom he claims entered into the possession of the premises under claim of title exclusive of any other right, founding such claim upon a written instrument as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree or judgment, or of some part of such premises, under such claim for twenty years, the premises so included shall be deemed to have been held adversely, except that when the premises so included consist of a tract divided into lots, the possession of one lot shall not be deemed to possession of any other lot of the same tract.

[R.C. 1905, § 6778; C. Civ. P. 1877, § 45; R.C. 1899, § 5192.]

Tax deed is sufficient on which to found claim of title by adverse possession. Murphy v Dafoe 18 S.D. 42, 99 N.W. 86

What amounts to color of title sufficient to sustain adverse possession. 14 Am. Dec. 580; 88 Am. St. Rep. 701

Parol partition to give color of title. 16 A.L.R. 326.

Quitclaim deed as color of title for purposes of adverse possession 4 L.R.A. (N.S.) 776.

Void parol conveyance of easement as foundation for easement by prescription. 13 L.R.A. (N.S.) 991.

Dispossession under tax certificate during demption period adverse. 13 L.R.A. (N.S.) 627

Effect of an invalid tax deed as color of title within general statutes of limitation. 11 L.R.A. (N.S.) 923.

§ 7367 Adverse possession. For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases:

1. When it has been usually cultivated or improved.

2. When it has been protected by a substantial inclosure.

3. When, although not inclosed, it has been used for the supply of fuel or of fencing timber for the purposes of husbandry, or the ordinary use of the occupant.

4. When a known form or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared or not inclosed according to the usual course and custom of the adjoining county, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

[R.C. 1905, § 6779; C. Civ. P. 1877, § 46; R.C. 1899, § 5193.]

Payment of taxes not essential to acquire title by adverse possession. Power v. Kitching, 10 N.D. 254, 86 N.W. 737.

Possession of part of tract is presumed to be possession of all Gale v. Shillock, 4 D. 182, 29 N.W. 661; Smith v. Gale., 144 U.S. 509, 36 L.ed. 521, 12 S. Ct. R. 674.

Cutting firewood for family by an agent is an act of adverse possession. Murphy v. Dafoe, 18 S.D. 42, 99 N.W. 86.

Adverse possession by mortgagor or grantee against mortgagee. 1 L.R.A. (N.S.) 1036.

Is possession of a mortgagee who enters under incomplete or defective foreclosure adverse to mortgagor. 23 L.R.A. (N.S.) 754.

Possession of party to mortgage as adverse within rule against conveyance of land held adversely. 35 L.R.A. (N.S.) 751.