Lewis v. Ball

HAZLETT, J., pro tem. Petitioners Edward C. Lewis and Bertha Johanna Lewis, hereinafter referred to as “petitioners,” prayed the superior court to have their land, the east half of the southwest quarter of the northwest quarter of section 15, township 3 south, range 12 west, in Rancho [788]Santa Gertrudes in Los Angeles County, registered under the provisions of the so-called Torrens Land Title Law. (Stats. 1915, p. 1932.) In their answer defendants allege that they are the owners and entitled to the possession of the land lying on the north of petitioners’ land; that defendant Grover W. Ball owns the land immediately adjoining petitioners’ land and that the land of defendant Elmer E. Ball adjoins on the north the land of defendant Grover W. Ball; and that petitioners are claiming a strip of land 662.74 feet long east and west and 5 feet wide at its east end and 3.8 feet wide at its west end, off the south side of the land of defendant Grover W. Ball, and are endeavoring to have the north line of their land advanced northerly from the true line so as to include the strip.

'The trial court gave judgment in favor of petitioners, awarding the strip to them, and ordering the land of petitioners registered, from which judgment defendants appeal.

The question involved in the appeal is whether the evidence supports the findings and judgment.

The evidence of the parties shows the following facts without material conflict:

Section 15 is a fractional section and the east and west boundary lines of the west half of the northwest quarter are more than 2,640 feet long. Ex-Governor Downey owned that land in and prior to 1867, and he subdivided it into two tracts which were designated as 40-acre tracts. He sold the south forty to a Mrs. Rice in 1867, and her brother, one McQuistion, bought the north forty about the same time. By mesne conveyances, petitioner Edward C. Lewis became the successor in interest of Mrs. Rice to the east half of the south forty, and defendant Grover W. Ball became the successor in interest of McQuistion to the north forty. Mrs. Rice occupied and cultivated the south forty and McQuistion the north forty for a number of years, beginning in 1868. When they purchased, the boundary line between the two forties was marked by stakes, and in 1869 Mrs. Rice and McQuistion agreed to further mark it by a fence of Osage orange trees, and McQuistion then planted the trees approximately parallel to and about six inches north of the boundary as marked by the stakes, planting them four or five feet apart. The trees grew to a height of 12 to 14 feet and their trunks to about three feet in diameter. The trees were