McKenzie

McKenzie v. Nichelini

Good Law
1919 Cal. App. LEXIS 781·43 Cal. App. 194·184 P. 871
Court of Appeal of CaliforniaSeptember 5, 1919Civ. No. 2844.California2,035 words

Opinion

Lead Opinion

Richards, J.

The plaintiff, being the owner of the south half of the northwest quarter and the north half of the southwest quarter of section 24, township 8 north, range 4 west, Mount Diablo base and meridian, brought an action in ejectment against the defendants, who claimed ownership of the south half of the last named quarter-section but who had entered into possession of land by virtue of such claim which, according to the plaintiff, constituted part of the north half of said southwest quarter.

The court, after a lengthy trial, in which much evidence was taken of surveyors and others as to monuments, witness trees, courses, distances and topography, found in favor of the plaintiff, and gave judgment accordingly. The defendants appeal, their main contention being that the finding of the court as^co the location of the plaintiff’s land upon which its judgment is based is wholly unsupported by the evidence and is contrary thereto.

The deciding factor in the case, as admitted by the appellants, is the location of the line dividing the north and south halves of the southwest quarter of section 24 above referred to. According to the contention of the appellants, the true method for locating…

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