Janes

Janes v. LeDeit

Good Law
1964 Cal. App. LEXIS 1103·228 Cal. App. 2d 474·39 Cal. Rptr. 559
Court of Appeal of CaliforniaJuly 16, 1964Civ. 21225California5,829 words

Opinion

Opinion

Molinari, J.

Plaintiffs appeal from a judgment in a nonjury case arising out of cross-actions in ejectment.

Statement of the Case

Plaintiffs and defendants are adjoining landowners. The within action involves a dispute over an area of land approximately 400 feet wide. Plaintiffs, claiming ownership of this area, brought an action in ejectment against defendants. Defendants, in turn, cross-complained in ejectment against plaintiffs seeking the removal of a cabin erected by the latter within said disputed area. The trial court found that title to this area is in defendants upon the basis of agreed boundary, adverse possession, estoppel and laches. The lower court thereupon concluded that plaintiffs have no right, title or interest in the disputed tract and that defendants are entitled to a writ of possession to restore them to possession and to eject plaintiffs from said area.

Questions Presented

1. Is the finding of agreed boundary erroneous ?

2. Is the finding of adverse possession erroneous?

3. Is the finding that plaintiffs are estopped and barred by laches erroneous ?

The Record

Defendants George M. LeDeit and Ruth K. LeDeit (hereinafter sometimes called LeDeit), purchased the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.