Hayes v. Mitchell

PEEK, Acting P. J.

Plaintiffs, J. Orlo and Daphne E. Hayes, appeal from a judgment quieting title of defendants and cross-complainants, Winifred and Robert E. Mitchell, to certain real property located in Sierra County. The parties each own a portion of Lot 5, Township of Sierra City, and the dispute is over a strip of land some 15 feet wide and 600 feet long which lies between their holdings. It is undisputed that this strip of land is used as a roadway and is the only means by which the defendants may gain access to the greater portion of their property. The only issues raised on this appeal are whether the plaintiffs actually failed to prove their causes of action, and whether the defendants did, in fact, prove theirs.

The complaint alleged two causes of action—the first under section 749 of the Code of Civil Procedure, and the second under section 738 of the same code. The defendants answered generally, denying the allegations of the complaint; and as a special defense, that the cause of action set forth therein was barred under the provisions of sections 318, 319 and 338, subdivision 2 of the Code of Civil Procedure; and lastly by cross-complaint, sought to have title quieted in them under the provisions of section 749.1 of the Code of Civil Procedure.

The findings of fact and conclusions of law are couched in the most general

terms; i.e.,

that the defendants "are the owners of the real property herein involved, and as a conclusion of law therefrom that their title to said property should be quieted as against Plaintiffs ...”

It is a well-established rule that a plaintiff in a quiet title action can only recover on the strength of his own title and not upon the weakness of that of defendant.

(Ernie

v.

Trinity Lutheran Church,

51 Cal.2d 702, 706 [336 P.2d 525]

; Helvey

v.

Sax,

38 Cal.2d 21, 23 [237 P.2d 269].) Further, where a plaintiff relies on a paper title alone, he must trace his title (1) to the government, (2) to a grantor in possession at the time of the conveyance to the plaintiff, or (3) to a source common to the chains of title of the plaintiff and the defendant

(Ernie