Section 321. Proof of ownership of unoccupied lands and timber thereon  


Latest version.
  • In
      all actions to recover the possession of, or otherwise to determine  the
      title  to,  or for trespass upon or injury to, unoccupied lands, timber,
      trees,  or  underwood  thereon,  any  party  seeking  such  recovery  or
      determination  may  show an unbroken chain of title for twenty years, or
      conveyance of the land to himself more than twenty years next  preceding
      the  commencement  of  the  action  or  the  assertion of the defense or
      counterclaim except in actions for trespass, and in actions for trespass
      for twenty years next  preceding  the  commission  of  the  trespass  or
      injury, and such proof shall be presumptive evidence of ownership at the
      times  respectively  of  the commencement of such action or assertion of
      the defense or counterclaim or commission of such  trespass  or  injury.
      Such  presumption  may  be  rebutted  by  any other or opposing party by
      showing ownership of said  lands,  at  the  times  respectively  of  the
      commencement  of the action or the commission of the trespass or injury,
      in some person other than the party claiming ownership by virtue of such
      presumption. In any such action wherein the state, or any county or  any
      state  officer,  board  or  commission  shall  be  a  party, evidence as
      aforesaid shall not be deemed to create any presumption of ownership  as
      against said designated parties.