Taylor v. Heydenreich

WOOD, J.

Action to recover value of alleged fixtures and certain furniture which were removed by defendants from land owned by plaintiff. There was also a cause of action for damages for conversion of the alleged fixtures and the furniture, and a cause of action for rent for occupancy of the premises. The court found that defendant Mrs. Heydenreieh was a licensee on the land; that the said improvements on the land, except the outhouse, were erected by Mrs. Heydenreich pursuant to said license; that the license was terminated when defendants removed the improvements from the premises; that Mrs. Heydenreich was the owner of said improvements, except the outhouse, and she was entitled to remove them from the premises. Judgment was for plaintiff for $10, the value of the outhouse and a dresser. Judgment was entered

[686]

on February 3, 1948. Plaintiff’s notice of appeal states that he appeals from the order and judgment entered on February 2, 1947.

Appellant contends that the evidence does not support the judgment. Defendants Ernest H., and Daisy M., Heydenreich are husband and wife, and Ernest 0. Heydenreich is their son. The plaintiff is the nephew of Mrs. Heydenreich. In 1931, Mrs. Heydenreich learned that the land in question, about 100 acres in San Diego County, was available for homesteading, and as a result of Mrs. Heydenreich’s efforts her sister, Mrs. Taylor, settled on the land in 1932. Her sister abandoned the homestead, and in 1932, plaintiff settled on the land, and in 1939, he obtained title thereto. In 1934, Mrs. Heydenreich “with some help from plaintiff” constructed a one-room cabin on the premises, and later it was “expanded” into a four-room house. All the materials for the house and most of the labor for it were furnished by Mrs. Heydenreich. Plaintiff and his brother did some of the construction work. The rafters of a pergola were attached to the house by nails, and the posts of the pergola extended into a stone wall in the yard and were fastened to that wall by bolts. In 1938, a one-room cabin was built over a stone-lined cellar, and the stucco which covered the walls of the cabin “was carried down below the walls of the cabin and onto the stone foundation” or wall of the cellar. In 1940, a well was drilled, a windmill was constructed and it was anchored in concrete, and waterpipes which extended from the windmill to the house, cabin and other parts of the premises were placed about 2 feet under ground. Two chicken houses, with galvanized roofs, were built on the premises.