Howatt
Howatt v. Humboldt Milling Co.
Opinion
Lead Opinion
Nourse, J.
Plaintiff sued to quiet title to the south half of the southeast quarter of section 34, township 2 south, range 3. east, Humboldt meridian, and to recover damages from the defendants caused by their cutting and removing trees, timber, and bark therefrom. The complaint was framed in three separate causes of action, the first alleging that the plaintiffs were the owners in fee and entitled to the possession of the premises; the second alleging that the predecessors in interest of the parties plaintiff and defendant, who were the owners respectively of the south half of the southeast quarter of section 34, township 2, and of the north half of the northeast quarter of section 3, township 3, were uncertain as to the location of the true line between their said properties, and with intent to establish such line agreed upon a line commencing at the section corner common to sections 34 and 35 of township 2 and to sections 2 and 3 of township 3 as established, marked and designated on the ground by John M. Ingalls in the year 1872 and running thence west a distance of 2,960 feet in a straight line which, if extended, would intersect the section corner common to sections 33 and 34 of…