Crawford v. Lambert

MARKS, J.

In 1898 Will C. Crawford, husband of plaintiff, acquired title to five acres of land in Orange County. He died in 1912 and the property was distributed to his wife in the probate of his estate. C. B. Lewis was the owner of the property adjoining the Crawford land on the north. The title to the Lewis land passed through mesne conveyances to the defendants in 1931.

From 1898 to 1931, the owners of the two adjoining properties used a way between the two tracts. This way was three hundred and ninety-two feet in length and extended. from the center of a public road on the west to a tool-house near the north line of plaintiff’s property.

The complaint is in the form usually found in actions to quiet title. It alleged ownership in the plaintiff of a way, six feet in width, over the defendants ’ land. The findings of fact found a right of way four feet in width over defendants’ land appurtenant to plaintiff’s property. Judgment was entered following the findings.

The findings were served upon defendants’ counsel four days prior to their being signed and filed. The provi

[619]

sions of section 634 of the Code of Civil Procedure, as in effect at the time of the trial, where it was required that findings which the court had ordered prepared, must be served on the adverse counsel five days before being signed by the court, have been held to be directory only.

(Hammond Lumber Co.

v.

Henry,

87 Cal. App. 231 [261 Pac. 1027].)

The findings of fact followed very generally the allegations of the complaint, except the finding that the easement was appurtenant to plaintiff’s property. Defendants maintain that as plaintiff was relying upon adverse possession for her title the court should have found the various facts upon which the title was based. Findings of fact in form similar to those made in the instant case were held sufficient in

Richert

v.