Gray v. Dixon

Paterson, J. From the evidence offered by the plaintiff, it appears that, on December 4,1885, plaintiff built a house upon and took possession of the north half of [509]southwest quarter and north half of southeast quarter of section 8, township 2 south, range 4 west, San Bernardino base and meridian. On December 24, 1885, he filed in the office of the county recorder an affidavit setting forth the facts required by the act of April 20, 1852, .known as the possessory act. Thereafter he caused the lands to be surveyed, and posts to be put in the ground at several points in the exterior boundaries, upon which were nailed sheet-iron strips with the words painted thereon, “ Charles B. Gray’s land.” These posts remain where they were placed, but the land has never been fenced. When plaintiff settled on the land it was wholly unoccupied and unimproved surveyed public land of the United States. In the winter of 1885-86, plaintiff plowed, harrowed, and sowed ten acres in one portion of the tract, one acre in another portion, and ten acres in still another portion, from all of which crops were taken in the summer following. He also planted fruit-trees and grape-vines upon the land, and dug a well thereon. In the following winter, for the purpose of raising another crop, he plowed a portion of the land cultivated the year prior. The plaintiff testified that he was a citizen of the United States, and owned no other land. On September 7, 1886, the defendant served upon him a written demand, which reads as follows:—

“ San Bernardino, September, 7, 1886.

“ Mr. Charles B. Gray.

“ Sir, — I hereby notify you to vacate the north half of southeast quarter and the north half of southwest quarter of section 8, township 2, range 4 west, San Bernardino meridian, as I have filed on the same, and wish to occupy it myself. John C. Dixon.”

Plaintiff did not vacate any land, but on the 9th of September, 1886, defendant hauled lumber upon the land, built a small dwelling-house thereon, and in October following took his family to live upon the land, where they have ever since lived. The defendant plowed [510]and sowed some of the land which plaintiff had cultivated in 1885.