Campbell v. Walls

Belcher, C. C. The plaintiffs brought this action to recover the possession of a lot of land situated in the town of Lower Lake, in Lake County, and described in [251]their complaint as: “Commencing at the northwest corner of Main and Mill streets, in said town of Lower Lake, and running thence north along Mill Street 160 feet, thence west 16 feet, thence south along the east line of lot 2, in block 2, in said town, 160 feet to Main Street, thence east 16 feet to place of beginning.” The defendant, by his answer, denied the plaintiff’s ownership of the lot, and set up title in himself. The court below found that the plaintiffs were not the owners or entitled to the possession of the lot, and gave judgment for the defendant, from which, and from an order denying them a new trial, plaintiffs appealed.

It is claimed for the appellants that the findings were not justified by the evidence, and this is the only question presented for review.

The plaintiffs deraigned their title through a deed made to Jonathan H. Campbell, their father, in April, 1869. That deed was made by the admitted owner of the disputed and adjacent property, and described the land conveyed as a lot in the town of Lower Lake, “ commencing on Main Street at the southwest corner of lot No. 2, in block No. 2, in said town, running thence east 16 feet to Mill Street, thence north with Mill Street 160 feet, thence west 16 feet to the northwest corner of said lot No. 2, in block No. 2, in said town, thence south 160 feet to the place of beginning.”

They also introduced in evidence a plat of the town of Lower Lake, taken from the office of the county recorder, and proved that it had been in that office for more than four years, and was the only plat of the town to be found there. The plat showed that block No. 2 was bounded on the east by Mill Street, and on the south by Main Street, but did not show the location or size of lot No. 2, or that any part of the block had ever been designated as lot 2.,

In support of his claim of title to the disputed premises, the defendant introduced in evidence a grant, bar[252]gain, and sale deed, made by Jonathan H. Campbell to one Charles Corum, in June, 1868, conveying a lot in the town of Lower Lake, described on a plat or survey of the town “as the east part of lot 2, in block 2, according to said survey, as follows, to wit: Commencing at the southeast corner of said lot 2, of block 2, thence west 60 feet (exclusive of the public road on the east side of said lot), thence north from the section line 160 feet, thence east 60 feet, thence south 160 feet to the section line between sections 2 and 11, to place of beginning.” This deed was acknowledged and recorded on the day of its date. Defendant also introduced a deed from Corum to himself, made in July, 1876, and conveying the same premises.