Holzer v. Read

TYLER, J,

pro

tem.

Action to quiet title to certain lands situated in the county of Santa Cruz. The land

[121]

described in. the complaint consists of about fifty acres. Some seventeen persons were made defendants, all of whom defaulted except John F. MacKenzie, Maria MacKenzie, Peter Colly and Mary Ann Colly. These defendants denied title in plaintiff to a certain portion of the lands, and by way of cross-complaint alleged title to such portions in themselves by adverse possession. The trial court found all the allegations of the complaint to be true and all of the allegations of the cross-complaint of defendants to be untrue. Judgment was rendered in favor of plaintiff and against defendants, who have appealed from the judgment.

The MacKenzies claimed an irregular-shaped parcel containing approximately one acre of land, which overlaps the fifty-acre tract claimed by plaintiff. The Colly s’ claim involves the westerly line of plaintiff’s tract and a portion of the southerly line forming common boundaries between their respective lands. The main controversy is based upon the location of the proper boundary line of what is known as Rancho San Augustin. Plaintiff, in support of his claim of title, introduced testimony by three surveyors to establish the true boundary line. These witnesses located the original monuments and made surveys and, with the aid of government notes, established a retracement of the original survey which fully supported plaintiff’s claim to all of the lands. In further support thereof, plaintiff then established a connected chain of title as to the entire tract described in the complaint, beginning with a patent from the federal government dated May 20, 1870, and extending down by regular muniments of title to one Clementina M. Howe in the year 1885. Appellants concede that down to this point respondent’s chain of title is regular. A deed was then‘introduced in evidence dated December 4, 1885, running from Clementina M. Howe, James H. Howe and J. J. Johnson to Joseph Orr, but this deed does not embrace the lands in dispute. Another deed dated the twenty-ninth day of July, 1886, executed by Clementina M. Howe to John Kiley was in evidence. This last deed embraces the lands in question. There was then introduced a deed executed by John Kiley dated the thirteenth day of September, 1886, to Helena Jane Orr.