Moranda

Moranda v. Mapes

Good Law
100 Cal. App. 629·1929 Cal. App. LEXIS 4·280 P. 713
Court of Appeal of CaliforniaSeptember 18, 1929Docket No. 3819.California1,252 words

Opinion

Lead Opinion

Finch, J.

This is an appeal by the plaintiffs from a judgment determining the northerly boundary line of land owned by them.

The court found that the plaintiffs’ predecessors in interest acquired title through a deed executed October 4, 1873, by John Durham to James Swaltney, which described the land as “lying southeast of the east bank of the Mormon Slough and containing 15.25 acres”; that “the south bank of Mormon Slough (referred to in said deed as southeast bank) as it then existed coincided with the following line,” describing the line fixed by the judgment as the plaintiffs’ northerly boundary line.

The defendant Mapes claims ownership of lands lying on the northerly side of the plaintiffs’ said boundary line, his predecessors in interest also having acquired title from John Durham. The court found that “neither the plaintiffs nor the defendant Clarence Wells Mapes nor Nannette Bollinger have acquired title by prescription, or otherwise” to the land in dispute, but that “the record title to said tract of land . . . has, at all times herein named and does now vest in Samuel Bollinger. . . . That the defendant Clarence Wells Mapes, for a period of more than five years immediately…

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