66 P. 876 | Utah | 1901
having made a statement of the case as above, delivered the opinion of the court.
The appellant in the first instance insists that the court-erred in granting a trial by jury at the request of the defendant, without advancing the jury fees required by section 3129, Revised Statutes. The answer to this contention is that
The controlling question in this case is whether Louisa Babcock’s long-continued possession and use of the land in dispute were of such a character as to ripen into a title by virtue of the statute of limitations. The provisions of that statute which are material here are found in sections 3131-3133, 3137, Compiled Laws Utah 1888, and like provisions in sections 2859-2861, 2865, Revised Statutes. These sections fix the period of limitation as to real property at seven years, and under their provisions, where such property is held and possessed adversely to the legal title for that length of time, the party so holding and possessing acquires the title to the property by adverse possession. As to what constitutes adverse
Erom the foregoing considerations, and from a careful examination of the proof, we are of the opinion that the inter-vener is entitled to hold the land in controversy, and the crops raised thereon, by adverse possession, and that, as against the plaintiff, she has the absolute title thereto. We see nothing in the record which justifies a reversal. The judgment is affirmed, with costs.