Mathews v. Brinton

BARNARD, P. J.

This is an action to quiet title to an easement for a right of way over land owned by the defendants.

The Indians of the Morongo Tribe own the northeast quarter of a certain section of land in Riverside County. It is located 6 miles from the Morongo Reservation, and will be referred to as the Indian land. There was no house or other building on this land, which is hilly and covered with brush except for 40 acres which had been cleared. The land was used for pasturage at times, and some farming was done on the cleared portion.

The defendants, who are husband and wife, acquired the southeast quarter of this section in 1941. For convenience, the husband will at times be referred to as the defendant. There are county roads along the west and south sides of this section. For many years there has been a drive or roadway near the center of the defendants’ quarter section, running northerly from the county road at the south up to the home and farm buildings, and thence northerly to a gate in the fence between this property and the Indian land.

[435]

For a. year or two after 1941, John Morongo, who at intervals was spokesman for the Morongo Tribe, did some farming on the Indian land and he and other Indians who were working for him used this road across defendants’ land. The defendant then leased the Indian land from John Morongo and used it until 1949. Between 1941 and 1946, the defendant also acquired the land to the east and to the north of the Indian land. Because of his lease, he was able to take his stock across the Indian land, and on to his land at the north. John Morongo died in 1949, and some of the plaintiffs then locked the gate between these two quarter sections thus preventing the defendant from crossing the Indian land in order to reach his land to the north. In November, 1949, the defendant bought the easterly 30 feet of the northwest quarter of this section, in order to have access to his land lying north of the Indian land. Since January, 1950, he has denied to the plaintiffs the use of this roadway leading to his home and across his property.

In December, 1950, counsel for the plaintiffs wrote the defendant claiming that his purchase of the 30-foot strip was for the purpose of excluding the Indians from any means of reaching their land, and stating that unless the defendant granted them a right-of-way by which they could reach their property, suit would be commenced to restrain him from closing the road in question. On January 3, 1951, the defendant gave them a written easement granting to the Indians a right to pass over the north 30 feet of the 30-foot strip, along the west side of the Indian land, which he had purchased. However, this writing was not acknowledged. It appears that the purpose of this was to enable the Indians to use, so far as the defendant was concerned, a roadway leading from the county road at the west of this section and entering the Indian land at that point. The Southern California Edison Company, which had an easement for that road, had given the Indians written permission to use that road and the owner of the northwest quarter of this section also gave the Indians permission, orally, to use that road over his land. Being dissatisfied with the easement thus given them, this action was brought by “Viola Mae Mathews, Spokeswoman for the Morongo Tribe of Indians, for herself as well as for all other members of the tribe residing on the Morongo Indian Reservation.”