San Pedro, Los Angeles & Salt Lake Railroad v. Simons Brick Co.

JAMES, J.

This action was brought. by the plaintiff corporation to condemn certain lands for railroad purposes. As between the defendants Simons Brick Company and the city of Los Angeles there was a dispute as to the ownership of a certain parcel of land, which controversy the trial judge determined in favor of the municipality. On this appeal from the judgment, taken by the Simons Brick Company, the determination of that issue only as between the defendants named is sought to be reviewed.

That the city of Los Angeles was the original owner of the property is conceded. In the year 1876 the city made conveyance to one Hollenbeck of certain property; the conveyance being expressed in a grant deed describing the parcel conveyed. The Simons Brick Company received title to the same land by conveyance from the successor in title of the said Hollenbeck. The parcel of land in dispute lies within what may be generally termed the bed of the Los Angeles Biver, but outside of the lines apparently established by the deed of the city to Hollenbeck; it lies between the westerly boundary of said land, as so apparently described by the deed, and the center of the riverbed, or the place where the water (when there is any) ordinarily runs. Appellant’s contention is that by the deed of the city to Hollenbeck the westerly line of the property as described in said deed was intended to refer to the bank of the river, and such being the case, the grantee took to the

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center or thread of the non-navigable stream by reason of the provisions of section 830 of the Civil Code and section 2077 of the Code of Civil Procedure. The whole controversy is to be determined with reference to whether, by the description in the deed referred to, the western boundary of appellant’s property was described as being substantially along the eastern bank of the Los Angeles Biver. The particular terms of description as embodied in the deed are as follows:

“Lying and being situate on the east side of the Los Angeles Biver and bounded east by lot 6, block 58, Hancock’s Survey, Los Angeles city, commencing at a point near said river in the southwest corner of said lot; thence south 62 deg. east along the northerly line of Hollenbeck avenue 363 feet;' thence north 28 deg. east 331.32 feet; thence west 508 feet; thence south 14% deg. east 126 feet to the place of beginning, containing 2.09 acres.”