Robinson v. City of Glendale

[212]

SHAW, J.

The court below sustained a demurrer to the complaint and thereupon rendered judgment in favor of the defendants, from which the plaintiff appeals. The grounds of the demurrer were that the complaint did not state a cause of action and also that it was uncertain in several particulars.

The complaint alleged that in 1908 the plaintiff and several other persons were the owners in fee in severalty of certain parcels of real estate, eight in number, immediately outside of the city of Glendale; that in said year said land owners, for the purpose of supplying their lands with domestic water, laid in the soil of said lands and adjoining land a four-inch water-pipe 1,690 feet long, 422 feet of which was in plaintiff’s parcel; that plaintiff at the same time, in his own land, laid 241 feet of two-inch water-pipe connecting therewith; that four hundred feet of the 1,690 feet extended across other land not owned by the parties, but was laid therein by right of an easement for that purpose granted by the owners of said lands; that this pipe was imbedded in and permanently affixed to the soil with the intent to make it an appurtenance to the lands of said parties. Unnecessary details were stated, evidently for the purpose of showing that the pipes described constituted real property. The complaint proceeds to aver that the said parties continued the use of said pipe for the ensuing six years and that, after said period his co-owners conveyed their interest therein to plaintiff. The time when this conveyance was made is not stated and without some allegation of its date it would not appear that the plaintiff was the owner at the time of beginning the action. The complaint then proceeds as follows: “And the plaintiff is now the absolute and unqualified owner in fee of said real property, pipes, right to flow water, easements, appurtenancés and rights to sell connections'to said pipe, and that plaintiff is successor to all the rights and privileges of his predecessors as mentioned herein, other than himself, in said pipe and rights and appurtenances thereto, and has still retained all his own original right in the said property, and is now the owner in fee of the whole of it.” Then follows the usual allegation in a complaint to quiet title that the defendants claim some estate or interest in 'the property adverse to the plaintiff, which claims are unfounded.