Coffin v. Odd Fellows Hall Ass'n of Modesto

EDMONDS, J.

This litigation arose over the conflicting claims of the parties to the use of a stairway in a commercial building and to a strip of land upon which a portion of the building stands. The trial court rendered. a judgment in favor of plaintiff, which in addition to quieting her title to the land, gave her other relief in connection therewith, including a share of certain amounts found to have been col

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lected by the defendant as rental. The appeal is prosecuted from this judgment.

It is alleged in the complaint that on and prior to December 1, 1900, William Coffin and James Berry each owned an undivided one-half interest in the real property described as the 49% feet of the west end of three lots situated in the city of Modesto; that on said date William Coffin conveyed his interest in the property to the respondent; that on January 7, 1903, and prior thereto Susan Berry was the owner of an undivided one-half interest in the same property as the successor of James Berry; that on January 7, 1903, the respondent conveyed to Susan Berry a certain portion of the land having a street frontage of 22% feet and a depth of 75 feet, “reserving the right of way to pass over the hall leading to and from the stairway and toilet on the second floor”, and Susan Berry conveyed to respondent a portion of the property having a street frontage of 23 feet and the same depth, with the reservation of the same right in this hall; and that subsequently the interest of Susan Berry “in all of said property” was conveyed to the appellant.

The property alleged to have been originally owned by William Coffin and James Berry fronts on H Street and has a depth of 75 feet. The portion conveyed to respondent by Susan Berry is the westerly 23 feet of the property. The 22% feet adjoining on the east is the land conveyed by respondent to Susan Berry and to which the appellant has succeeded. Next to the east is a four-foot strip, which with the portions now owned by the appellant and respondent comprise the original 49%-foot parcel. The principal controversy between the parties concerns the title to this small piece of land.

The complaint alleges that in 1884 a two-story brick building was erected upon the 49%-foot parcel and other land adjoining it on the east; that in the portion of the building standing upon the land in dispute there is a stairway leading to the second floor; that as the building was originally constructed a hall led from the top of this stairway to a room having plumbing fixtures and also to that portion of the building situated on the land conveyed to respondent by deed from Susan Berry. By further allegations it is charged that the appellant has deprived the respondent of the use of any portion of the building upon the four-foot strip of