Pilibos v. Gramas

BARNARD, P. J.,

This action involves a boundary line between two sections of land on the “West Side” of Fresno County. The plaintiffs are the owners of the Northwest Quarter of Section 11, Township 15 South, Range 13 East, M. D. B. & M., and the defendants are the owners of Section 2, which adjoins Section 11 on the north.

Section 2 formerly belonged to a farming corporation. Late in 1945, an employee of that corporation was sent to locate a site for a deep well and pump near the southwest corner of Section 2. By mistake, he picked a location which was in fact upon the Northwest Quarter of Section 11, and about 57 feet south of the true boundary between the sections. A deep well was drilled at that point and a pumping plant installed in December, 1945. Later, a concrete pipe line was installed which was also upon Section 11. The cost of these

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improvements was about $22,000. The farming corporation leased Section 2 to one Montgomery for the year 1946. From August, 1947, to November 22, 1948, the defendants leased the property. On the latter date they received a deed from the farming corporation conveying to them ‘ ‘ Section 2, Township 15 South, Range 13 East, as per United States Government Plats.” Prior thereto and on January 12, 1948, a civil engineer employed by the farming corporation had surveyed Section 2, finding monuments placed in the official survey, and disclosing that the well, pump and pipe line were located on the Northwest Quarter of Section 11. In October, 1948, before they received a deed, and again in March, 1949, the defendants tried to buy from the plaintiffs the strip of land on which the well and pipe line are located. The plaintiffs refused to sell, and ordered the defendants to stay off the property.

This action was brought on May 2, 1949, to restrain any trespass upon the Northwest Quarter of Section 11, to restrain the use of this well or the removal of the pumping equipment, and for damages for water taken from the well. The defendants filed a cross-complaint seeking to quiet their title to Section 2, including the strip of land upon which the well and pump are located. To this end they alleged that the south boundary of Section 2 began at a point 5542.10 feet south of the northwest corner of Section 2, and extended due east.