70-19-407. Occupancy under claim founded on instrument or judgment -- when considered adverse. When it appears that the occupant or those under whom the occupant claims entered into the possession of the property under claim of title, exclusive of other right, founding the 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 the instrument, decree, or judgment or of some part of the property under the claim for 5 years, the property included is considered to have been held adversely, except that when the property consists of a tract divided into lots, the possession of one lot is not considered a possession of any other lot of the same tract.
History: En. Sec. 33, p. 46, L. 1877; re-en. Sec. 33, 1st Div. Rev. Stat. 1879; re-en. Sec. 33, 1st Div. Comp. Stat. 1887; amd. Sec. 487, C. Civ. Proc. 1895; re-en. Sec. 6436, Rev. C. 1907; re-en. Sec. 9019, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 322; re-en. Sec. 9019, R.C.M. 1935; amd. Sec. 5, Ch. 224, L. 1953; R.C.M. 1947, 93-2508; amd. Sec. 2138, Ch. 56, L. 2009.
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