Cohn v. Leffingwell

MURPHEY, J.,

pro

tem.

This is an appeal by the defendant, Leffingwell, from a judgment adverse to him and quieting plaintiff’s title to the real property in controversy.

In 1868 the government of the United States patented to William Hyer the fractional northwest quarter of section seven (7), township seven (7) south, range thirty-three (33) east, in the district of lands subject to sale at Stockton, California. In 1869 Hyer conveyed the same land to John

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B. Clarke, the predecessor in interest of both plaintiff and defendants. In 1880 Clarke and wife conveyed a portion of this land to Briggs who, in turn, in 1888, conveyed the same parcel of land to Cohn, the husband of the plaintiff in this action. The description common to both of the deeds immediately hereinbefore mentioned is as follows: “Commencing at the north line of the saloon lot known as J. M. Horton’s saloon and running thence north and parallel with the main street in the town of Bishop Creek, one hundred (100) feet; thence west and parallel with the school-house street one hundred (100) feet to the line of said saloon lot formerly owned by J. M?. Horton; thence east and along the line of said saloon lot one hundred (100) feet to the place of beginning.”

The present action is one by the plaintiff, the widow of Cohn, the grantee named in the last foregoing deed to quiet her title to the lot of land described as follows: “Commencing at the southwest corner of the intersection of West Line street, formerly known as Schoolhouse street, with Main street in said town of Bishop, and running thence north eighty-nine degrees (89°) and thirty minutes (30') west one hundred and two/one-hundredths feet (100.02 ft.) along said West Line street; thence south one hundred nine and six-tenths feet (109.6 ft.); thence north eighty-nine degrees (89°) and twenty-six minutes

(26')

east one hundred feet (100 ft.) to said Main street; thence north along Main street one hundred seven and seventy-five one-hundredths (100.75) feet to the place of beginning.” The defendant, Mary A. Clarke, surviving wife of John B. Clarke, hereinbefore mentioned, has been served with summons and having failed to appear and answer, her default was duly entered. Some twenty years after the deed by Clarke and wife to Briggs, a map was filed by the Clarkes in the office of the county recorder of Inyo County in which they certify, “I hereby certify that the above is a true map of what the title of said map claims it to be.” This so-called map in law has no evidentiary value and is only referred to because of the fact that there is delineated on said map a lot, twenty-three and a fraction feet in width, upon which appears the name of John • Clarke, which said lot is placed north of the lot owned by the plaintiff and between that lot and School or West Line Street. It is this lot that is claimed in this