Tillotson

Tillotson v. Marcus Land & Investment Co.

Good Law
101 Cal. App. 244·1929 Cal. App. LEXIS 244·281 P. 711
Court of Appeal of CaliforniaOctober 16, 1929Docket No. 3890.California779 words

Opinion

Lead Opinion

Finch, J.

This is an action to quiet title. Judgment was entered in favor of the defendants and the plaintiff has appealed.

June 6, 1905, J. G. Schaefer was the owner of a tract of land adjacent to and “southeasterly of the Ballona Road No. 2” (now Washington Boulevard) in Los Angeles County. On that day he executed a deed conveying to A. M. Squire 100.44 acres of the land “lying southwesterly of a line described, as follows:

The defendant Marcus Land & Investment Company has acquired title to the adjacent lands which Schaefer owned at the time of the execution of his deed to Squire. The plaintiff, as one of Squire’s successors in title, has acquired a lot fronting on Washington Boulevard adjoining the company’s land and having a depth of 256.41 feet, measured along the common boundary line. The controversy is over the location of the line described in Schaefer’s deed to Squire.

The Schaefer barn referred to in the deed is located 262.8 feet southeasterly from the southeasterly boundary line of Washington Boulevard. Several witnesses testified that this bam was erected shortly before the execution of the deed and that the location thereof has not been changed. The court found that prior…

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