Mulch

Mulch v. Nagle

Good Law
1921 Cal. App. LEXIS 719·51 Cal. App. 559·197 P. 421
Court of Appeal of CaliforniaFebruary 25, 1921Civ. No. 3646.California3,165 words

Opinion

Lead Opinion

Bardin, J.

This is an appeal taken by the defendants from a judgment decreeing that a public highway extends along a certain twelve-foot strip of land located along the easterly boundary of two lots of land owned by the defendants, whose ownership of said lots was adjudged to be subservient to the rights of the public to use said strip of land as a public highway, and enjoining the defendants from erecting or maintaining any obstruction upon said strip of land in such manner as to interfere with the free use thereof as a highway by the public or by plaintiff as a part thereof.

In response to the issues raised by the pleadings the court found substantially to the effect that a public highway twelve feet wide extended along the easterly line of lots 130 and 131 of the San Martin ranch, in Santa Clara County (which for convenience will be referred to as the Nagle property), from Church Avenue in a southerly direction 36.60i:L/2 chains to Las Llagas Creek; that the plaintiff is the owner of a small tract of land facing and bordering on said highway.

Findings numbered IV, V, and VI appear as follows:

Thence follow other findings of fact to the effect that the obstruction of said road is…

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