Is plaintiff's claim to a 40-acre tract barred by the provisions of Code of Civil Procedure, section 318?

Defendant's contention that plaintiff's claims to the 40-acre tract were barred by the provisions of Code of Civil Procedure, section 318, is likewise without merit. As stated above, Code of Civil Procedure, section 321, creates the presumption that the holder of legal title is in possession, and, unless defendant's title by adverse possession is shown, the occupation of the property by the latter is deemed to have been under and in subordination thereto. Therefore plaintiff's claim was not barred. (Clark v. Stotts, supra, 127 Cal.App.2d 589, 592, 274 P.2d 172.)