Metzger
Metzger v. Bose
Opinion
Opinion
Van Dyke, J.
This is an appeal from a judgment in an action brought to enjoin defendants-appellants from obstructing an abandoned county road and from preventing the use thereof by plaintiff-respondent D. Jack Metzger and his customers in his operation of a lodge, bar and motel. The property involved approximates the southwest quarter of the southeast quarter of Section 30, Township 38 North, Range 4 East, M.D.B. & M. In 1950 respondent recorded a land survey of the involved property in Land Surveys Book 12 at page 7 thereof, Records of Shasta County. This survey shows that the land included therein was described in four parcels. Ten days after recording this survey respondent conveyed to appellants approximately 200 acres of land, including Parcel 4 as shown on the survey, which parcel embraced approximately 35 acres. This left respondent owning Lots 1, 2 and 3 located in the northeast portion of the survey. The deed described Parcel 4 as being shown on “that certain Survey Map filed in Book 12 of Land Surveys at Page 7 thereof, and being a portion of the SW]4 of the SE*4 of Section 30, Township 38 North, Range 4 East, M.D.B. & M.” The survey, by dotted lines, indicated the existence of a…