title the action is prosecuted or the defense is made, or the ancestor, predecessor or grantor of such person, was seised or possessed of the premises in question within five years before the commencement of the act in respect to which such action is prosecuted or defense made. En. March 11, 1872. Cal. Rep. Cit. 55, 95; 58, 23; 67, 333; 68, 348; 71, 348; 72, 269; 73, 294; 84, 543; 84, 586; 85, 443; 91, 415; 92, 454; 96, 465; 109, 269; 109, 275; 112, 441; 117, 57; 119, 312; 122, 157; 124, 449; 125, 259; 129, 9; 132, 78; 132, 117; 138, 229; 138, 230; 144, 45.

63, 307;

65, 116; 66, 111;

68, 351;

69, 130;

71, 39; 71, 346;

77, 258;

80, 465; 83, 287;

86, 529;

90, 228; 91, 413;

Action includes a special proceeding of a civil nature: Post, sec. 368.

§ 320. Entry on real estate. No entry upon real estate is deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years from the time when the right to make it descended or accrued. En. March 11, 1872.

Cal. Rep. Cit. 63, 307; 66, 111; 109, 269; 125, 259.

$321. Possession, when presumed. Occupation deemed under legal title, unless adverse. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title, for five years before the commencement of the action. En. March 11, 1872.

Cal. Rep. Cit. 63, 267; 63, 595; 65, 444; 71, 348; 83, 287; 103, 90; 109, 269; 138, 229; 138, 230; 144, 45; 146, 67.

Adverse possession: Post, secs. 322-325.

Forcible entry, one year: Fost, sec. 1172.

Payment of taxes: See sec. 325, infra.

§ 322. Occupation under written instrument or judg ment, when deemed adverse. When it appears that the occupant or those under whom he claims, entered into the

possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the property included in such instrument, decree, or judgment, or of some part of the property, under such claim, for five years, the property so included is deemed to have been held adversely, except that when it consists of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract. En. March 11, 1872.

74, 16; 77, 487;
92, 668; 97, 26;

65, 445; 66, 84, 543; 85, 97, 273; 97,

Cal. Rep. Cit. 63, 153; 63, 595; 65, 444; 111; 68, 592; 73, 294; 443; 86, 529; 92, 667; 378; 109, 269; 132, 123; 139, 102; 144, 45; 144, 596. Entry not under written instrument: See post, sec. 325. § 323. What constitutes adverse possession under written instrument or judgment. 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 is deemed to have been possessed and occupied in the following cases:

1. Where it has been usually cultivated or improved; 2. Where it has been protected by a substantial inclosure;

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

4. Where a known farm or 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 country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated. En. March 11, 1872.

Cal. Rep. Cit. 63, 153; 63, 595; 65, 119; 65, 120; 68, 352; 68, 592; 71, 348; 74, 16; 83, 287; 84, 543; 94, 662; 107, 106; 128, 187; 128, 458; 133, 79; 139, 102; 146, 162. Subd. 1-68, 531. Subd. 2-65, 444. Subd. 3-68, 349; 68, 351; 92, 668.

§ 324. Premises actually occupiel under claim of title deemed to be held adversely. Where it appears that there has been an actual, continued occupation of land, under a

claim of title, exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land so actually occupied, and no other, is deemed to have been held adversely. En. March 11, 1872.

Cal. Rep. Cit. 63, 595; 83, 287; 84, 543; 89, 201; 91, 361; 128, 187; 144, 596.

Prescription, title by: Civ. Code, sec. 1007.

§ 325. What constitutes adverse possession under claim of title not written. For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only:

1. Where it has been protected by a substantial inclos

use.

2. Where it has been usually cultivated or improved.

Provided, however, that in no case shall adverse possession be considered established under the provision of any section or sections of this code, unless it shall be shown that the land has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, state, county, or municipal, which have been levied, and assessed upon such land. En. March 11, 1872. Am'd. 18778, 99.

74, 19; 75, 123; 85, 629; 89, 199; 97, 269; 97, 270;

Cal. Rep. Cit. 54, 553; 59, 289; 59, 579; 63, 11; 63, 264; 63, 267; 63, 268; 63, 593; 63, 595; 65, 57; 65, 440; 68, 352; 68, 622; 69, 132; 70, 396; 71, 348; 71, 459; 71, 478; 72, 378; 73, 192; 73, 195; 77, 303; 79, 589; 83, 287; 84, 543; 89, 201; S9, 538; 91, 360; 91, 361; 97, 274; 99, 675; 103, 90; 107, 316; 109, 272; 114, 285; 114, 287; 114, 299; 117, 149; 119, 22; 120, 334; 120, 338; 120, 340; 121, 73; 126, 552; 128, 187; 130, 272; 132, 123; 144, 596; 146, 67.

Adverse possession: See ante, sec, 321.

326. Relation of landlord and tenant, as affecting adverse possession. When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of five years from the termination of the tenancy, or where there has been no written lease, until the expiration of five years from the time of the last pay

ment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumption cannot be made after the periods herein limited. En. March 11, 1872.

Cal. Rep. Cit. 54, 383; 63, 153; 66, 478; 67, 393; 72, 310; 107, 106; 114, 299.

Tenant denying landlord's title: Post, sec. 1962, subd. 4.

§ 327. Right of possession not affected by descent cast. The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property. En. March 11, 1872.

Cal. Rep. Cit. 91, 361.

§ 328. Certain disabilities excluded from time to com. mence actions. If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the same, is, at the time such title first descends or accrues, either:

1. Under the age of majority;

2. Insane.

3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than life;

The time, not exceeding twenty years, during which such disability continues is not deemed any portion of the time in this chapter limited for the commencement of such action, or the making of such entry or defense, but such action may be commenced, or entry or defense made, within the period of five years after such disability shall cease, or after the death of the person entitled, who shall die under such disability; but such action shall not be commenced, or entry or defense made, after that period. En. March 11, 1872. Am'd. 1903, 177.

Cal. Rep. Cit. 61, 597; 61, 599; 61, 601; 66, 111; 66, 516; 104, 453; 109, 275.

War: Post, sec. 354.

Absence from state: See post, sec. 351.

Successive disabilities: See post, sec. 358.

CHAPTER III.

THE TIME OF COMMENCING ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY,

335. Periods of limitation prescribed.

336. Within five years.

337. Within four years.

338. Within three years. 339. Within two years. 340. Within one year.

8341. Within six months. 342. Same.

343. Actions for relief not hereinbefore provided for.

344. Where cause of action accrues on mutual account.

345. Actions by the people subject to the limitations of this chapter. 346. Action to redeem mortgage.

$347. Same, when some of mortgagors are not entitled to redeem. 348. No limitations where money deposited in bank.

§ 349. Time for commencing actions under "local improvement" act

§ 335. Periods of limitation prescribed. The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows: En. March 11, 1872.

Cal. Rep. Cit. 64, 82; 68, 355; 71, 529; 73, 611; 112, 444; 121, 198; 144, 248; 144, 249.

336. Within five years.

Within five years.

1. An action upon a judgment or decree of any court of the United States, or of any state within the United States. 2. An action for mesne profits of real property. En. March 11. 1872. Am'd. 1873-4. 291.

C. C. P., 1906.

§ 337. Within four years:

An action upon any contract, obligation, or liability, founded upon an instrument in writing executed within this state; provided, that wherever the time within which any such action must be so commenced would in any case expire by the terms of this section after the first day of June, one thousand nine hundred and six, and before the first day of January, one thousand nine hundred and seven, such action may be commenced at any time before the first day of January, one thousand nine hundred and seven, with the same force and effect as if commenced within four years, as in this section provided. [In effect June 3, 1906.]

93, 557; 94, 359; 99, 503; 99, 509; 99, 511; 99, 605;