Baker

Statement of the Case

Plaintiff and respondent, Leland H. Baker, filed a complaint against defendants and appellants, Phillip D. Ramirez and Lydia G. Ramirez, to quiet title, for declaratory relief, for an injunction, and for damages based on appellant’s removal of two rows of orange trees from a twenty-foot wide strip of property over which each claimed ownership. Appellants cross-complained against the Atchison, Topeka and Santa Fe Railway Company (Santa Fe) which had deeded the disputed strip to appellants.

At trial, the court determined that the ownership issue was a question of law and permitted the admission of extrinsic evidence to aid in the interpretation of the deeds. The court found, based on the deeds and the subsequent conduct of the parties, that respondent held title to the disputed strip.

A jury tried the damage issue. After the presentation of the evidence, the court directed a verdict in favor of appellants and against Santa Fe for breach of contract in the amount of $ 1,067.14. The jury awarded a verdict for actual damages in favor of respondent and against appellants for $22,683. A mistrial was declared on the issue of punitive damages. The court…