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