§ 395. Ways of acquiring title.-Title or ownership of real property may be acquired by occupancy or possession when it continues long enough to ripen into a perfect title, by marriage, by devise, by descent, or by con tract. § 396. Title by occupancy.-Mere possession or occupancy is the lowest form of title, but it is good in the Occupant against the world until some one shows a better title, but any show of right in a claimant would be good as against a mere intruder. As we have seen, property without an owner belongs to the first one who takes possession of it. This right, which was so important at the time of the early settlements on this continent, is of little value now that most of our public domain has been disposed of. Its assertion by the European nations, who are extending what they choose to call their "spheres of influence" in Africa, bids fair to result in serious complica tions and wars such as grew up here in the last century between France and England. Where two claim by possessory titles, one being in present possession and the other having had prior possession, it is the rule in England and America that proof of prior possession is presumptive evidence of title and will prevail over the claims of the more recent occupant. It is not necessary in such a case that the prior possession should have continued for twenty years. The statutes of limitations usually provide that no action for the recovery of the title or possession of real estate shall be maintained after twenty years from the time the cause of action accrued, unless the person entitled to such action was under the disabilities of infancy, coverture, insanity or imprisonment. Special periods of limitations are fixed by the statutes of different states and they are constantly undergoing modification. § 397. Adverse possession.-In order to make possession for the statutory period of limitations a bar to an action, the possession must be adverse. Adverse possession is a possession inconsistent with the right of the true owner; in other words, where a person possesses property in a manner in which he is not entitled to possess it, and without anything to show that he possesses it otherwise than as owner-that is, with the intention of excluding all persons from it, including the rightful owner -he is in adverse possession of it. Thus, if A is in possession of a field of B's, he is in adverse possession of it, unless there is something to show that his possession is consistent with a recognition of B's title. Adverse possession depends upon the intention with which it is taken and held. Where there is an unintentional encroachment on the land of another, as where a man thinking he is building on his own line by mistake puts part § 395. Ways of acquiring title.-Title or ownership of real property may be acquired by occupancy or possession when it continues long enough to ripen into a perfect title, by marriage, by devise, by descent, or by con tract. § 396. Title by occupancy.—Mere possession or occupancy is the lowest form of title, but it is good in the Occupant against the world until some one shows a better title, but any show of right in a claimant would be good as against a mere intruder. As we have seen, property without an owner belongs to the first one who takes possession of it. This right, which was so important at the time of the early settlements on this continent, is of little value now that most of our public domain has been disposed of. Its assertion by the European nations, who are extending what they choose to call their "spheres of influence" in Africa, bids fair to result in serious complica tions and wars such as grew up here in the last century § 397. Adverse possession.-In order to make possession for the statutory period of limitations a bar to an action, the possession must be adverse. Adverse possession is a possession inconsistent with the right of the true owner; in other words, where a person possesses property in a manner in which he is not entitled to possess it, and without anything to show that he possesses it otherwise than as owner-that is, with the intention of excluding all persons from it, including the rightful owner -he is in adverse possession of it. Thus, if A is in possession of a field of B's, he is in adverse possession of it, unless there is something to show that his possession is consistent with a recognition of B's title. Adverse possession depends upon the intention with which it is taken and held. Where there is an unintentional encroachment on the land of another, as where a man thinking he is building on his own line by mistake puts part § 395. Ways of acquiring title.-Title or ownership of real property may be acquired by occupancy or possession when it continues long enough to ripen into a perfect title, by marriage, by devise, by descent, or by con tract. § 396. Title by occupancy.-Mere possession or occupancy is the lowest form of title, but it is good in the Occupant against the world until some one shows a better title, but any show of right in a claimant would be good as against a mere intruder. As we have seen, property without an owner belongs to the first one who takes possession of it. This right, which was so important at the time of the early settlements on this continent, is of little value now that most of our public domain has been disposed of. Its assertion by the European nations, who are extending what they choose to call their "spheres of influence" in Africa, bids fair to result in serious complica |