Freelon v. Adrian

LORIGAN, J.

In 1886 plaintiff owned a large tract of land in Santa Barbara County, a portion of which she platted into lots and blocks and the map thereof entitled “Map of Las Piedras Addition to the City of Santa Barbara, Cal,” was on February 10, 1888, recorded in the records of Santa Barbara County, having endorsed thereon a duly acknowledged grant, dedication, and abandonment to the public of a right of way over the streets platted on the map, which included among others, certain streets, named Freelon Avenue, Live Oak Avenue, Loma, Oren a, and Montgomery Streets, which were laid out on the map as affording access to the lots in the blocks and also bounding the blocks thereon.

On May 14, 1892, plaintiff executed to William Barber a deed absolute im form, but intended as a mortgage, which deed described the tract conveyed by metes and bounds and included within its exterior limits, among other lands, the Las Piedras Addition, although no reference was made to the addition or the map thereof save to except from the conveyance a few lots and blocks described by reference to the map thereof. In 1895 this mortgage was foreclosed, and in that year the sheriff of the county of Santa Barbara issued to William Barber as purchaser at the execution sale under said decree of foreclosure a deed, which was duly recorded, and which, as far as involved here, conveyed part of the property mortgaged by designated lots and blocks as delineated on the map of the Las Piedras Addition, and another part of said addition, lying north of Freelon Avenue as delineated on said map, by metes and bounds, the north line of Freelon Avenue being referred to as the southern boundary, which, with the other general boundaries, described an acreage of fifty one acres.

On December 9, 1895, William Barber conveyed to Sheffield and Edwards the fifty one acres lying north of the north line of Freelon Avenue and described in the deed from the sheriff

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by metes and bounds, and in 1900 William Barber made a gift deed to his wife Elizabeth J. Barber of the other property described in the sheriff’s deed to him.

On October 3, 1901, Elizabeth J. Barber and Sheffield and Edwards decided to change the course of Freelon Avenue and for that purpose entered into an agreement and interchanged deeds, the effect of which, as far as it could be done by the parties, was to vacate Freelon Avenue as delineated on the map of the Las Piedras Addition and to substitute therefor another avenue similarly named and running through the lands of Barber, Sheffield, and Edwards. This arrangement affected only that portion of Freelon Avenue lying between the lands of Mrs. Barber and those of Sheffield and Edwards.