T.

Tafft v. Presidio & Ferries Co. (Cal.), 22 Pac. 487

Talbert v. Singleton, 42 Cal. 395

95

9

Trav. Ins. Co. v. Sriles, 82 App. Div. (N. Y.) 441

Turpin v. Coates, 12 Neb. 321

89

218

U. S. v. Tygh Valley Land & L. S. Co., 76 Fed. 693

466

Western N. Y. Life Ins. Co. v. Clinton, 66 N. Y. 326

Western Security Co. v. Douglass, 14 Wash. 215

Weyl v. Sonoma Valley Ry. Co., 69 Cal. 202

White v. Buell, 90 Cal. 177

White v. Pease, 15 Utah 170

Wilcox v. Railroad, 39 N. Y. 358

Williams v. S. P. R. R. Co., 110 Cal. 457

Williams v. Shoudy, 12 Wash. 362

263

297

297

. 385

171

569

89

278

385

176

385

117

399

33

REPORTS OF CASES

DETERMINED IN

THE SUPREME COURT

OF THE

STATE OF UTAH.

(Continued from Volume 34.)

PIONEER INVESTMENT & TRUST COMPANY, a Corporation, Respondent, v. THE BOARD OF EDUCATION OF SALT LAKE CITY, a Corporation, Appellant.

No. 1969. Decided January 11, 1909 (99 Pac. 150).

1. ADVERSE POSSESSION-HOSTILE CHARACTER OF POSSESSION. A mere passive possession, without intent to claim the property, is insufficient, regardless of the length of time such a possession continues, or whether it is open, notorious, or exclusive, as the rights of the parties are not determined by the possession, but by the character of the possession. (Page 7.)

2. ADVERSE POSSESSION-HOSTILE CHARACTER OF POSSESSION-EVIDENCE. The character of the possession cannot always be determined from the declarations of the party in possession, but, whenever possession is of such a character that the ownership may be inferred therefrom, then the possession may be presumed to be hostile to the rights of the true owner, and if a party places permanent structures on land belonging to another, and uses the land and structures the same as the owner ordinarily uses his land, then, in the absence of something showing a contrary intention, a claim of ownership may be inferred in favor of the party in possession. (Page 8.)