Page:Compiled Laws of the State of North Dakota 1913 vol II.pdf/31

== CODE CIVIL PROCEDURE ==

Time of §§ 7367-7370
Effect of conveyance by one cotenant to third person to found adverse possession against others. 32 L.R.A. (N.S.) 702.

Possession by one tenant as adverse within rule against conveyance of land held adversely. 35 L.R.A. (N.S.) 752.

Adverse possession against remaindermen and owners of future estates. 19 L.R.A. 893.

Power of one who by will or law takes an estate for life or years in real property to which decedent held the equitable title only, to initiate adverse possession as against the remainderman by procuring a conveyance of the fee from the holder of the legal title. 9 L.R.A. (N.S.) 750.

Hostility as essential element in adverse possession. 15 L.R.A. (N.S.) 1192.

Federal courts following state decisions on questions relating to adverse possession. 40 L.R.A. (N.S.) 425.

§ 7368 Actual adverse holding. When it shall appear that there has been actual continued occupation of premises under a claim of title exclusive of any other right, but not founded upon a written instruments, or a judgment or decree, the premises so actually occupied and no other shall be deemed to have been held adversely.

[R.C. 1905, § 6780; C. Civ. P. 1877, § 47; R.C. 1899, § 5194.]

Necessity and requisites of continuity of adverse possession. 13 Am. Dec. 185.

Unbroken continuity as essential element of adverse possession. 15 L.R.A. (N.S.) 1202.

Tacking successive possessions. 13 Am. Dec. 331.

Use of possessory title as a weapon of offense. 46 L.R.A. (N.S.) 487.

Possession taken and held through mistake or ignorance as constituting adverse possession. 24 Am. St. Rep. 388.

Right of one in permissive possession of real property to acquire title by adverse possession. 12 L.R.A. (N.S.) 1140

Possession taken under mistaken belief that land is part of the public domain, as adverse to true owner. 31 L.R.A. (N.S.) 153.

Acquiring title to mining claim by adverse possession. 40 L.R.A. (N.S.) 817.

What possession by owner of surface estate constitutes adverse possession of severed mineral estate. 140 Am. St. Rep. 951.

-Of lands devoted to public use. 87 Am St. Rep. 776; 92 Am. St. Rep. 844.

-Of part of a parcel of land. 12 Am. Dec. 357.

-Of public property. 76 Am St. Rep. 479

-Possession of part as possession of the whole. 125 Am. St. Rep. 302.

-By donee under parol gift. 35 L.R.A. 835.

-By religious society. 27 L.R.A. (N.S.) 388.

-Of grave or burial lot. 40 L.R.A. (N.S.) 752; 42 L.R.A. (N.S.) 1138.

Effect of warranty deed to prevent grantor from asserting title by adverse possession, subsequently initiated, as against his grantee or his privies. 25 L.R.A. (N.S.) 129.

§ 7369. Under claim not written. For the purpose of constituting an adverse possession by a person claiming tile not found upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only:

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

2. When it has been usually cultivated or improved.

[R.C. 1905, § 6781; C. Civ. P. 1877, § 48; R.C. 1899, § 5195.]

Actual possession of land consists in subjecting it to the will and dominion of the occupant. Pendo v. Beakey, 15 S.D. 344, 89 N.W. 655.

No good faith in adverse holding where party knows he has no title. Deffeback v. Hawke, 115 U.S. 392, 29 L.ed. 423, 6 S. Ct. R. 95.

As to similar provision in Cal. Code Civ. Proc., § 325, see ''Central Pac. R. Co. v. Shackelford, 63 Cal. 261; Hagely v. Hagely'', 68 Cal. 348, 9 Pac. 305; Brown v. Clark, 89 Cal. 196, 26 Pac. 801.

§ 7370. Landlord and tenant. Whenever the relation of landlord and tenant shall have existed between any persons, the possession of the tenant shall be deemed the possession of the landlord, until the expiration of twenty years from the termination of the tenancy; or, when there has been no written lease, until expiration of twenty years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title or may have claimed to hold adversely to his landlord. But such presumptions shall not be made after the periods herein limited.

[R.C. 1905, § 6782; C. Civ. P. 1877, § 49; R.C. 1899, § 5196.]

Adverse possession by tenant against landlord's title. 12 L.R.A. (N.S.) 1148; 89 Am. St. Rep. 87.

Tenant's right to acquire title not inconsistent with landlord's title at commencement of tenancy. 53 L.R.A. 941. 184.99.185.125 00:47, 3 November 2022 (UTC)Leviticuss007