Bisogno v. Browne

MUSSELL, J. Plaintiffs and defendants in this action seek a determination and declaration of the true common boundary line between their respective properties. Both parties obtained title from common grantors, Ernest D. Drake and his wife, who, in 1945, were the owners of a certain tract of land in San Diego County described as follows: “The North 6 acres of the West 8 acres of the South one-half of the Southwest one-quarter of the Northwest one-quarter of Section 20, Township 9 South, Range 3 West, S.B.M., in the County of San Diego, State of California.” The west boundary line of this property is the north and south section line in the center of a county road, 40 feet in width, known as Stage Coach Lane. In April, 1945, the Drakes sold and conveyed to Bernard Burton and his wife approximately .81 of an acre in the southwest corner of said 6-acre tract and the deed described the property so conveyed as: “The West 187 feet of the South 175 feet of the North 6 acres of the West 8 acres of the South one-half of the [636]Southwest one-quarter of the Northwest one-quarter ...” (of said section.) On May 8, 1946, the Drakes conveyed to the Burtons an additional 15 feet to the east, which was described in the deed as: “The Bast 15 feet of the West 202 feet of the South 175 feet” (of the same 6 acres). By these conveyances Burton and his wife acquired from the Drakes a plot measuring, overall, 175 feet north and south by 202 feet east and west; the west boundary line being the north and south section line in the center of Stage Coach Lane.

On June 20, 1947, Drake and his wife deeded all of their remaining part of the 6-acre tract to the plaintiffs Bisognos and the deed described the 6-acre tract as first herein described, excepting the westerly 202 feet of the southerly 175 feet.

In July, 1947, the defendants Browne bought the Burton property and their deed called for “The West 202 feet of the South 175 feet of the North 6 Acres” (etc.).

The evidence shows that when Burton and his wife purchased from the Drakes, in locating the boundaries on the site, they measured 187 feet eastward from the east line of Stage Coach Lane instead of from the section line in its center; thus mistakenly including an additional 20-foot strip on the east side of their property, not conveyed by their deed. Likewise, when the Brownes acquired their title, the Burtons pointed out to them the easterly line of their property as theretofore erroneously measured by the Drakes and the Burtons on the ground. It appears that the Burtons and the Brownes believed that the true east boundary of their property was as pointed out to them on the ground and was 20 feet farther east than called for in their deeds.