Blake

Richmond Wharf and Dock Co. v. Blake

Good Law
1918 Cal. App. LEXIS 40·39 Cal. App. 5·185 P. 186
Court of Appeal of CaliforniaNovember 26, 1918Civ. No., 2542.California734 words

Opinion

Lead Opinion

Lennon, J.

This is an appeal by defendant, Blake, from a judgment for the plaintiff in an action brought to recover from defendants the value of the use and occupation of a certain lot of tide-land in San Francisco Bay, designated as a portion of tide-land lot No. 16, and a certain wharf and approach to said wharf situated upon said land.

The several defendants answered separately. Appellant Blake, by his answer, denied that plaintiff or its predecessors was the owner of said lot of land, wharf, and approach to said wharf, and denied that he or any of said defendants ever used said wharf or approach to said wharf for any purpose whatsoever, except that defendant San Francisco Quarries Company, as tenant of said San Pablo Quarry Companj1-, used and occupied said wharf and approach thereto, and denied that he ever conveyed any rock or materials over said wharf or said approach.

The appellant objects to all the findings of the trial court as being unwarranted under the evidence. The numerous arguments advanced by both appellant and respondent in support of their respective positions are almost all based upon divergent theories of the relationships of the parties involved in this action. It…

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