Lemos v. Farmin

THE COURT.

Plaintiffs brought this action to quiet the title to a certain tract of land alleged to be owned by them.

The complaint alleges that defendants claim some interest in said land, but that the same is without right. Defendants by their amended answer deny that they have no interest in said land and aver that they own an easement or right of way across it and that they and their grantors and predecessors have owned, used and occupied said easement and right of way continuously for the past seventy years. They allege that said easement consists of a wagon road leading from a public highway known as the Haskell Hill or Alpine road across the said land of plaintiffs to the adjoining land of defendants; that there is no other road or way by means of which ingress or egress can be had to said land of defendants, and that if this road is closed it will deprive defendants and all other persons of a right of way to defendants’ said land. They further allege that they had their land surveyed and subdivided into lots for sale to members of the Native Sons of the Golden West for summer resorts and that more than twenty of these lots have been sold and that during all of this time plaintiffs had full knowledge of the sales of said lots and improve

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ments thereon and the constant use of said road by defendants and said purchasers.

With their said amended answer defendants also filed a cross-complaint in which they allege that they are the owners of a road twenty feet wide running from the county road known as the Haskell Hill road across the land of plaintiffs and that said road is appurtenant to defendants’ land.

Plaintiffs answered same, denying the material allegations thereof. Upon the trial judgment was rendered in favor of defendants, and from this judgment plaintiffs appeal.

Appellants contend that the findings are insufficient to support the conclusions of law and the judgment, are not supported by the evidence, and do not cover all of the material issues; and that evidence prejudicial to appellants was improperly admitted.

Respondents produced evidence substantially as follows: The land owned by them adjoins appellants’ land. The only way by which respondents can get to their said land is over a wagon road that passes over plaintiffs’ land. Respondents purchased their land from Joseph Rodriguez in 1927. The grandfather of Joseph Rodriguez went upon this land about 1860 and built a house on it, and he and his children and grandchildren have owned and occupied it until sold to respondents. About the year 1860 the grandfather constructed the wagon road in controversy and since then it has been continuously used by them and their grantees. Until the year 1868 the land now owned by appellants and over which the said wagon road passes was government land. In 1868 J. B. Hollinsead became the owner of the land now owned by appellants and continued in said ownership until 1922. He had full knowledge of the existence of said wagon road and of its continual use by respondents’ grantors, and at times assisted them in repairing it, and never, on any occasion, objected to said use by them. In 1922 Hollinsead sold said land to G. Vega and he in turn sold to plaintiffs. Vega, while he owned said land, made no objections to its use for the said roadway. Appellants purchased their land from Vega on January 8, 1927, and subsequently, on May 4, 1927, appellant Pedro J. Demos wrote a letter to the Native Sons of the Golden West in