Pierson v. Bradfield

GRIFFIN, J.

Plaintiff and respondent obtained judgment in a quiet title action against defendants and appellants. The case concerned a controversy over the boundary between the eastern portion of lot 4, of Kern Citrus Tract, and the western portion of that lot. Respondent owns the eastern portion of the lot and the several appellants own several pieces of

[520]

land that constitute the western portion of it. This suit to quiet title involves a strip of land fifteen feet in length. The common predecessors in title of all parties here involved were W. E. Van Meter and Anna Van Meter. On January-21, 1926, the above parties as grantors deeded to G. G. Pier-son and Julia C. Pierson as joint tenants, “all of the easterly one-half of lot four (4), in the Kern Citrus Tract, according to the map of said tract filed on January 14, 1910 and recorded in book 1, page 132 of maps”. Respondent at the time of suit was the sole owner of the above property by right of survivorship. The aforesaid Van Meters, as grantors, on January 21, 1926, deeded to H. E. Metzner “all the westerly one-half of lot four (4) in the ‘Kern Citrus Tract’ ”, according to the same map. The Metzners on May 4, 1936, deeded to Homer Q. Bradfield and wife as joint tenants “The North 234.54 feet of the West half of Lot 4 of Kern Citrus Tract”, according to the same map,

“Excepting

an undivided

Ys

interest in and to that certain pumping plant site described as follows: Commencing at a point on the East line of the West half of said Lot 4, at a distance of 113 feet South of the Northeast Corner of said West half of said Lot 4; thence at right angles West 25 feet; thence at right angles South 25 feet; thence at right angles East 25 feet to the East line of the West half of said Lot; thence North along said East line 25 feet to the point of beginning;

Reserving

an easement for road purposes over -the East 30 feet of the West half of said Lot 4”.

For a period of approximately ten years prior to 1936 respondent and Metzner were co-terminus owners of the east and west halves of said lot 4. The official recorded plat of the tract is in evidence. It shows a roadway along the west side of lot 4 and the east-west measurements, both on the north and south sides of the lot, are from the center of said roadway. The width of the roadway is 60 feet. The north-south dimensions of the lot include the south half of a roadway 60 feet wide along the northerly side of the lot. The acreage of lot 4 shown on the map is 10 acres. By computation it is necessary to include half of each roadway in order to arrive at this acreage, and when so computed, the acreage as stated on the plat is correct with an excess of about 8 square feet. Whereas, if the roadways are excluded the acreage would be short about 38,000 square feet or nearly an acre.