Tacking of Prior Possession Originating in Fraud

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In making out a prescriptive title, an innocent purchaser may not tack to the time period of his own possession the time of possession of a grantor whose possession originated through fraud against the true owner.

(Civil Code 1895, § 3596; Civil Code 1910, § 4176; Code 1933, § 85-415.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Adverse Possession, § 76 et seq.

C.J.S.

- 2 C.J.S., Adverse Possession, §§ 163, 207, 208.

ALR.

- Adverse possession: right of remainderman or reversioner to tack his possession to that of life tenant, 150 A.L.R. 557.

Tacking as applied to prescriptive easements, 72 A.L.R.3d 648.


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