Phillips v. Hooper

KLETTE, J.,

pro

tem.

This action involves a disputed boundary line between lot 54 of Roeding’s Villa Colony, and lots 1, 2, and 17 of MeCoon’s Boulevard Acres, in Fresno County. The complaint of plaintiff and appellant, is in two counts, the first seeking to quiet title to lot 54 of Roeding’s Villa Colony, and the second alleging that defendants and respondents had encroached upon said property with buildings, outbuildings, fences, and curbs, to the extent of fourteen feet, and prayed for a decree quieting title, and for a writ of restitution.

The evidence shows that Roeding’s Villa Colony was platted in 1902; that lot 53 thereof, which lies directly north of lot 54, was resubdivided into MeCoon’s Boulevard Acres, in 1913 ; that a resurvey map of MeCoon’s Boulevard Acres was filed and recorded in 1935; that prior to 1906 or 1907, lot 53 had been planted to olive and orange trees; that about 1907, lot 53 was purchased by Rose Miller, who erected a house thereon, which extended two to two and one-half feet onto the land in dispute; that this building remained in this position until after defendants and respondents acquired lots 1, 2 and 17, in 1935 and 1936, after which it was moved by them to another position on the property; that about May, 1936, defendants and respondents constructed a row of brick cabins,

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used as auto courts, adjacent to the south line of this property; that lot 54 had remained unimproved until it was acquired by plaintiff in 1938, after which valuable improvements were placed thereon. It was stipulated that plaintiff and his predecessors in interest had at all times paid the tax on lot 54, of Roeding’s Villa Colony, and that defendants and their predecessors in interest had, at all times since the subdivision of McCoon’s Boulevard Acres in 1913, paid the tax on lots 1, 2, and 17, of said tract.

The evidence as to the boundary lines between the two properties was highly conflicting. Counsel, and all witnesses, agreed upon a common starting point, the northwest corner of said lot 54, and the southeast corner of said lot 17. But when they came to the east end of the line, they were approximately fourteen feet apart. Two civil engineers fixed the corner at the east end of the dividing line approximately fourteen feet north of the point, which the court found to be the dividing line of the property. One civil engineer, and one property owner, who lived in the tract, and who had aided in the survey, fixed the line, as found by the court.