Carroll
Bradbury Estate Co. v. Carroll
Opinion
Lead Opinion
Landis, J.
In form, this is an action to quiet title.
Plaintiff alleged ownership to two parcels of land, parcel 1 consisting of 93.84 acres and parcel 2 consisting of 69.57 acres, both being portions of the Rancho Azusa de Duarte in Los Angeles County, California, and following the usual allegations that defendants assert an interest adverse to plaintiff and that such claim is without right, plaintiff further alleges that while it was the absolute owner and entitled to possession, defendants Carroll, without right, title or license from plaintiff entered into possession, fenced and wrong fully withheld a portion of said land to the damage of plaintiff in the sum of $1,000.
By way of answer defendants Carroll deny plaintiff’s ownership and claim an interest in the entire property described in plaintiff’s complaint and deny all other material allegations of the complaint.
At the trial it developed, was conceded by the parties and the case was tried upon the theory that the sole question or issue in the ease was the determination of the location on the ground of part of the Rancho Azusa de Duarte eastern boundary line in order to determine whether the land occupied by defendants was within…