Wells v. Dias

[671]

TYLER, P. J.

This action was brought to enjoin defendants from interfering with the use and enjoyment of an alleged right of way over the lands of defendants. Plaintiff claimed that the right of way has been used openly and adversely by him and his grantor and by others as a means of ingress and egress to his lands for wagons, teams, and vehicles, for more than ten years prior to the filing of the complaint. Defendant denied that plaintiff had any such right of way or other interest in the lands, and by cross-complaint alleged that he was the sole owner thereof, and prayed that his title be quieted as against the plaintiff, whom he seeks to enjoin from further trespassing upon the property. Trial was had before the court sitting without a jury. Plaintiff had judgment and defendant appeals.

From the record it appears that one Manuel Valenzuela, some twenty-five years ago, procured title to the land upon which the easement is claimed, partly by homesteading and partly by purchase. Valenzuela conveyed to one Merz, who in turn sold to defendant about two years prior to the filing of this complaint. Situated on the property in question is a road. This road is known as the Jaealitos Creek road, and it runs in a northerly and southerly direction through the lower foothills of the Coast Range Mountains some distance out from the city of Coalinga, in Fresno County. The road follows Jaealitos Creek, which creek flows through and over the property of defendant, and enables plaintiff and others who live in the immediate neighborhood to reach Coalinga and the plains below which lie east of the Coast Range Mountains. Plaintiff’s property and residence is located in a southerly direction from, and a short distance above, defendant’s lands. In July, 1920, defendant laid a pipe-line across the road, making it more or less impassable, and prevented plaintiff from using the same. The present suit followed. The trial court found that for more than twenty years last past the road in question existed and still exists, and that it has been used during all of said time by plaintiff and his predecessors in interest for the purpose of going to and from their property. It further found that for more than ten years plaintiff and his predecessors have used the road uninterruptedly, openly, notoriously, continuously, and adversely to the rights of defendant and bis predecessors in