County of San Bernardino v. Reichert

The Court. In July, 1887, the county of San Bernardino applied to the respondent, surveyor-general of .the state, to survey the boundary line between said county and the county of San Diego. While the respondent was proceeding to perform that duty, the appellant filed a petition in the superior court, alleging, in substance, that he was proceeding to survey and run said boundary in a certain manner that was wrong, and upon a false theory, and praying for a writ of mandate compelling him to run the line in a certain other manner, which is alleged to be the right manner. The court rendered judgment against the appellant, who appeals from the judgment, and from an order denying a new trial.

The act organizing the county of San Bernardino was passed April 26,1853. (Stats. 1853, p. 119.) By that act the northern boundary line of San Diego County (which had been previously organized) is made the southern boundary of San Bernardino County. (The boundaries of the two countries were afterwards substantially incorporated, in sections 3943 and 3944 of the Political Code.) The common boundary line between the two counties, as described in the acts organizing them, makes several express references to points on and lines of two certain ranchos, called San Jacinto Nuevo and San Jacinto Viejo. At the time of the passage of said act of April 26,1853, these ranchos were known as Mexican grants; and one Hancock* a deputy United States surveyor* under direc[289]lions of the proper authorities, had made and placed on record a survey of said ranchos. Afterwards, in 1880, a United States patent issued for t.h,e Viejo rancho; and in 1882, one Minto, a'United States deputy surveyor, made a survey of the Nuevo rancho, upon which, in 1884, a United States patent issued for said last-named rancho. The Hancock survey does not appear to have been finally approved, and was not adopted as the basis for either of said patents. Appellant contends that the respondent, in running the line between the two counties, should have followed the lines of the ranchos as afterwards, established by the Minto survey and the United States patents; while respondent contends that it was the intention of the legislature t© determine what the boundary line was at and immediately after the passage of the act of 1853 organizing the county; that he should carry out that intention, and that in doing so, he may consider the Hancock survey as tending to show where the legislature at that time intended to fix the line. The court adopted the view of the respondent, and admitted in evidence the said Hancock survey; and we are not able to see that in so doing any error was committed.