Larson v. Larson

[847]

PEEK, J.

By bis first cause of action plaintiff sought to quiet title to certain lands located in Mendocino County, and by his second cause sought to enjoin the maintenance of a certain fence alleged to have been erected by defendants and to require the removal thereof. Defendants’ answer admitted plaintiff’s ownership of the lands described in the complaint but denied the trespass or that the fence was upon plaintiff’s land. In addition defendants alleged they had erected the fence along an agreed boundary line with the full knowledge and acquiescence of plaintiff. The ease proceeded to trial on the issues so raised. At the conclusion thereof, but prior to the adoption of findings, plaintiff’s motion to reopen the case to present additional evidence was denied. Thereafter the court found that plaintiff was the owner of the lands described in said complaint, that defendants did not erect the fence upon plaintiff’s land and that the allegations of the answer in regard to the boundary line were true. Judgment was entered quieting the plaintiff’s title to said lands described but denying any further relief and their motion for a new trial.

The record, without conflict, discloses that Township 20 North, Range 14 West, in which the property is situated, is divided from Township 20 North, Range 13 West by the boundary line in dispute and was first surveyed in 1877 under a government contract by one Woods, a surveyor. In 1881, or four years after the Woods survey, Township 20 North, Range 13 West, was surveyed, also under a government contract, by one Gorham, which survey showed the line separating Range 13 from Range 14 to be some 600 feet south of the original line as established by the Woods survey. The field notes of each survey and the plats prepared therefrom were accepted by the government. In 1914, plaintiff, by patent from the federal government, acquired title to the said lands “According to the official plat of the survey of the said lands, returned to the general land office by the Surveyor General.” The present dispute between plaintiff and defendants appears to arise primarily from the conflicting lines as established by the two separate surveys.

Although plaintiff specifies three grounds of alleged error his brief actually poses but two questions: (1) The true location of the boundary line between said Range 13 and Range 14, and (2) the location of an alleged agreed boundary line between the respective parties.