Widney v. Southern Pacific Co.

MILLER, J.,

pro tem.

This is an appeal from a judgment quieting defendants’ title to a strip of land 2,300 feet long by 150 feet wide, adjoining defendants’ right of way at the station of Pacoima, between San Fernando and Burbank, in Los Angeles County, California.

The complaint alleges ownership in plaintiffs, and that defendants’ claim to said property is without right. Defendants deny plaintiffs’ ownership and plead a conveyance from R. M. Widney, Charles Maclay, J. K. Alexander and H. L. Macneil, in whom the title to said property stood at the time of said conveyance to defendants, said conveyance being executed and delivered July 11, 1887, and recorded July 18, 1887. Defendants also plead the statute of limitations, sections 318, 319 and 320, of the Code of Civil Procedure, and set up, in addition, a cross-complaint under which they seek to quiet their title. Defendants had judgment on their cross-complaint, and the plaintiffs appealed from such judgment.

The complaint describes the land as “that certain tract of land being a portion of Maclay Rancho of the Ex-Mission de San Fernando, in Los Angeles county, California, described as follows: Beginning at the east corner of lot 1421 in the town of Pacoima, as per map thereof recorded in Book 2'9, page 79, et seq., of Miscellaneous Records of said county; thence southwesterly along the southeast boundary line of said lot 150 feet to a point distant at a right angle 50 feet from the center line of the right of way of said railroad company; thence at right angle easterly on a line parallel to and distant 50 feet at a right angle; and from said center line of said right-of-way of said railroad 2300 feet to a point distant 50 feet at a right angle from said center line of said railroad right-of-way; thence at a right angle

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northeasterly 150 feet to a point in the southwestern line of Sutter street in said Maelay Rancho in said town of Paeoima; thence northwesterly along said line of said street 2300 feet to the point of beginning.”

The descriptions set forth in the deed to plaintiff, R. M. Widney, are as follows: “All that part of the Rancho Ex-Mission San Fernando in Los Angeles county, California, bounded on the easterly side by the east bank of the Paeoima Wash, and by fractional sections 36 and 25, T. 3 N. R. 15 W., S. B. M., and bounded on the northerly side by the north boundary line of the Rancho; bounded westerly by a line drawn from where the north boundary line of the Rancho intersects the west boundary line of S. E. % of Sec. 22, T. 3 N. R. 15 W., S. B. M.; thence on a straight line through the S. W. corner of Section 34, in said Township, to the land of the Southern Pacific Railroad, bounded on the southerly side by said lands of said Railroad.”