Andrews v. Wheeler

SHAW, J.

Plaintiff appealsappeals upon bill of exceptions from

a

judgment in favor of defendants and cross-complainants.

An opinion reversing the decision of the trial court was filed on October 24, 1908. Thereafter, upon petition of respondents, a rehearing was granted.

In form the action is one to quiet title. The controversy grows out of conflicting claims as to the true location of the division line between subdivision A, lot 6, in block 26, of the Canal and Reservoir Lands of the city of Los Angeles, as designated upon a map thereof made by William Moore in 1870, recorded in book 2, Miscellaneous Records, pages 210, 211, which subdivision is owned by plaintiff, and a tract of land lying immediately north thereof and adjoining, designated on said map as division A, lot 3, of said block 26, all of which, so far as it affects this case, is owned by defendants. These divisions A of said lots 6 and 3 of block 26, as designated upon the Moore map, extend from the south line of First street to the north line of Sixth street in the city of Los Angeles, and the land in dispute consists of a strip about sixteen feet in width, depending as to its ownership upon the ascertainment of the true location of the division line between said lots 6 and 3. Reference to the map discloses that division A of lot 3 is marked thereon as containing 17.50 acres, but the length of said lot extending north and south is not indicated. At the trial, however, it was stipulated that defendants held their title to the tract of land by mesne conveyances from the city of Los Angeles, which described the same as having a length or depth of 18.72 chains or 1,235.52 feet.

[616]

the call in the deed being to the southwest corner of said lot 3 according to said map. It was also stipulated that plaintiff’s title to division A of lot 6, block 26, as per said map, was derived from the city of Los Angeles by like mesne conveyance, which described the tract by lot and block as delineated upon said map. The length of this lot is indicated upon the map in figures as being 23.97 chains, equal to 1,582.02 feet. It thus appears that, taking the length of lot 3 as called for in defendants’ deed and the length of lot 6 as indicated upon the map, and thus giving to each lot the full depth called for by such data, it makes a total distance between First and Sixth streets of 2,817.54 feet. The actual distance, however, between the south line of First street and the north line of Sixth street, as shown hy the uncontradicted evidence, is 2,822.50 feet, or 4.96 feet in excess of the total length called for by the deeds.