Pearson v. Hansen

THE COURT. This action was brought to quiet title to a tract of land described in the complaint and located in Yuba County. The land had been part of a larger tract owned formerly by the common predecessor in interest of plaintiff and defendant, and came to the parties hereto by devise and purchase. Before making his will the devisor had lived for a long time on the whole property, devoting the land, excluding that used as his home, to fruit raising and general farming.

By his will Re devised to defendant his “home and place of residence . . ., including the surrounding lands described as follows :

“Beginning at the intersection of the south line of Ella Lane with the west line of the Earl Fruit Company Road; running thence south and along the said westerly line of the Earl Fruit Company Road three hundred (300) feet; thence at a right angle westerly to a point on a line running in a north and south direction and at right angles to the aforementioned Ella Lane, and being distant three (3) feet west from the westerly side of the small pump and tank house which provides the domestic water supply for the home premises herewith devised; thence at a right angle northerly and along said last mentioned line to the southerly line of said Ella Lane; thence east and along said southerly line of Ella Lane to the point of beginning. ’ ’

The balance of his holdings the testator devised to a number of residuary legatees, one of whom was plaintiff; and before this action was begun plaintiff had acquired the interest of the other residuary devisees by purchase. The will was executed December 10,1941. Two codicils were later executed, the last under date of November 25, 1946, but no change was made in the real property devises nor in the descriptions first used.

After the testator’s death his will was probated and distribution was made of the real property, the parcel devised to defendant being distributed by the description used in the will. A dispute arose between plaintiff and defendant concerning the location on the ground of the calls of defendant’s devise. Plaintiff employed a licensed surveyor who located the lines according to the description appearing in the complaint, and plaintiff brought this action claiming to own all [396]of the land except that portion which this description allocates to the defendant. The decree of the trial court quieted plaintiff’s title according to this same description, and defendant appeals.