Younger

Although this is a proceeding in eminent domain, the sole dispute concerns title to land.

In 1927, appellant Younger received a gift deed describing the granted land as bounded on the northwest by Branciforte Creek. The creek’s course, as shown by a map made in 1910 and aerial surveys made in 1957, had shifted to the southeast by as much as 50 to 80 feet. The area between the two creek courses is the subject of this appeal. Apparently no owners on either side of the creek noticed the change of its course. There is evidence that the change was “imperceptible” (probably meaning gradual), but there is no showing as to the location of the creek at any given time in the 47-year period.

Before 1920, appellant’s grantor owned the land on both sides of the creek. In 1920, she conveyed the westerly portion of her property in five parcels, the westerly ends of which fronted on Market Street, to Silva, Koehler and Galbraith. All these deeds described the property conveyed by metes and bounds, and none referred to Branciforte Creek as the southeasterly boundary. There is evidence, however, that the metes and bounds descriptions of these parcels placed their southeasterly boundary at the…