County of Placer v. Lake Tahoe Railway & Transportation Co.

Good Law
1922 Cal. App. LEXIS 402·58 Cal. App. 764·209 P. 900
Court of Appeal of CaliforniaAugust 23, 1922Civ. Nos. 2434 and 2437.California7,598 words

Opinion

Lead Opinion

Hart, J.

This is a controversy over a block of land, known and designated as block six of the town of Tahoe City, California, and which is alleged and found by the court to be public commons.

It is alleged that the defendants are and have been for many years wrongfully and without right in possession of and occupying certain portions of said block, claiming the ownership thereof in fee. The prayer of the complaint is that said block of land be adjudged and decreed to be and is and constitutes public commons of said town of Tahoe City, “for the use and benefit and enjoyment of the inhabitants thereof and the public in general”; that the defendants nor any of them have any right, title, interest, or estate therein, and that they and each of them and their agents, etc., be forever restrained and debarred from asserting any right, title, or interest therein or thereto, and that the judge of the superior court in and for the county of Placer be adjudged to be the legal owner of said land and that he holds and owns the same as trustee “and is entitled to exclusive possession thereof in trust for the several use and benefit of the occupants of said Tahoe City Town-site, jointly, and…

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