San Pedro, Los Angeles & Salt Lake Railroad v. Simons Brick Co.

This action was brought. by the plaintiff corporation to condemn certain lands for railroad purposes. As between the defendants Simons Brick Company and the city of Los Angeles there was a dispute as to the ownership of a certain parcel of land, which controversy the trial judge determined in favor of the municipality. On this appeal from the judgment, taken by the Simons Brick Company, the determination of that issue only as between the defendants named is sought to be reviewed.

That the city of Los Angeles was the original owner of the property is conceded. In the year 1876 the city made conveyance to one Hollenbeck of certain property; the conveyance being expressed in a grant deed describing the parcel conveyed. The Simons Brick Company received title to the same land by conveyance from the successor in title of the said Hollenbeck. The parcel of land in dispute lies within what may be generally termed the bed of the Los Angeles Biver, but outside of the lines apparently established by the deed of the city to Hollenbeck; it lies between the westerly boundary of said land, as so apparently described by the deed, and the center of the riverbed, or the place where the water…