Jones v. Young

VAN DYKE, P. J.

Respondents, claiming to be the equitable owners and in possession of the northeast quarter of Lot 11 of Swanston Acres in Sacramento County, brought this action against appellant to obtain a decree enjoining him from interfering with their use of a certain roadway across appellant’s property. At the trial respondents introduced evidence to the following effect: William F. and Elva Cox became the owners of the northeast quarter of Lot 11 on March 28, 1946. At that time a roadway, commonly called Memory Lane, led from the Cox property to Fulton Avenue, a public road, along the south 20 feet of Lot 12, which lies between Lot 11 and the avenue. It was a roadway improved with a graveled surface wide enough for two cars to pass and showed evidence of having been used for some time by the predecessors in interest of the Coxes. They continued to use the road and, along with other people, maintained mail boxes at the junction of Memory Lane and the avenue. On October 12, 1948, the Coxes executed a contract of sale with Richard and Virginia Savin covering the northeast quarter of Lot 11. The Savins took possession and continued the use of Memory Lane until July 9, 1949, when they contracted to sell, and delivered possession of, the northeast quarter of Lot 11 to

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respondents who thereafter continued the use of the roadway until prevented by barricades erected by appellant. It was shown that appellant in 1947 acquired parcels in the south half of Lot 12 which were bounded on the north by Memory Lane; that he then observed the roadway was being used, saw the mail boxes maintained at the , point where the lane entered Fulton Avenue and knew that the mail boxes belonged to the Coxes and their tenants. In that year appellant graded Memory Lane and improved it with a renewed gravel surfacing to a point about 150 feet from the west boundary of Lot 12. From 1947 to 1950 appellant observed the frequent passage of automobiles traveling between Fulton Avenue and the northeast quarter of Lot 11 and along Memory Lane. In 1950 appellant acquired the north half of Lot 12 and observed the continued use of Memory Lane as a road. In May or June of 1952 appellant caused Memory Lane to be surfaced with black top from Fulton Avenue to a point about 60 feet from the west boundary of Lot 12. As he put it, he got the neighbors together to do the paving and arranged with each as to the amount to be contributed to the total cost. He told respondents he thought their proper share was one-third of the total, or about $330. It appeared that they argued over this matter of the fair share to be contributed by the respondents. Respondents offered to contribute $150 but appellant rejected that offer and when respondents refused to go higher appellant barricaded the west end of Memory Lane, exluding respondents from its use. This action followed.