Lakeside Park Assn. v. Sweeney

WARNE, J. pro tem.

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In 1909, Arthur Marion Hill and Katherine Smith Hill were the owners of certain real property known as Lakeside Park, situated on the shores of Lake Tahoe in El Dorado County. In 1909, a portion of the property was surveyed for the purpose of subdividing the property. A map of the survey was presented to the Board of Supervisors of El Dorado County for approval and filing in the public records of the county. The map was approved by the board of supervisors and filed in the county recorder’s office.

On May 15, 1910, the county courthouse was destroyed by fire and the records contained therein were destroyed, including the map of Lakeside Park. In 1912, another map, certified to be a full, complete and exact copy of the original, was made by the surveyor who made the original survey and was filed in the office of the county recorder to replace the destroyed map.

In November, 1956, appellant Lakeside Park Association filed a second amended petition for the purpose of having an alleged true and correct copy of the original map filed for record in place of the one destroyed. The action was brought pursuant to the provisions of section 1855b of the Code of Civil Procedure, which provides in part:

[103]

“When any map which has been recorded in the office of any County is . . . destroyed . . . any person interested may file in the superior court of the county in which the map was originally filed or recorded a verified petition in writing alleging that such map has been . . . destroyed . . . and that the petitioner has a true and correct copy of the original map which he offers for record in the place of the original map.”

This section provides for service on the county recorder of a copy of the petition with a copy of the alleged true copy offered for record, and also provides:

“. . . At the time set for hearing the court shall take evidence for and against the petition, and if it appears to the court from the evidence presented that the copy of the map submitted is a true copy of the original map, it shall decree that such copy is a true copy of the original map, and order the copy placed of record ... in the place of the original map.”

An answer to the petition was filed by the county recorder in which it was denied that the copy of the map offered by the petitioner was a true copy of the original map. After a hearing the trial court determined that the map offered was not a true copy of the original map of Lakeside Park Estates originally recorded in 1909 and destroyed by fire in 1910, and denied the petition. Petitioner appeals from the judgment.