Hatton

Hatton v. Gregg

Good Law
1906 Cal. App. LEXIS 113·4 Cal. App. 537·88 P. 592
Court of Appeal of CaliforniaDecember 7, 1906Civ. No. 313.California1,992 words

Opinion

Lead Opinion

Hall, J.

This is an appeal from a judgment quieting the title of plaintiffs to a ten-acre tract of land.

The court, after finding plaintiffs to be the owners of the tract of land in controversy, and which is fully described by metes and bounds in finding IV, proceeds as follows: “That the plaintiffs, at the time of the commencement of this action and long prior thereto, were the owners in fee of a large tract of land on the right bank of the Carmel river known as the west half of the Rancho Canada de la Segunda, and from naUiral causes the lands particularly described in this finding have been formed by imperceptible degrees upon said bank by the accumulation of material and by the recession of the said Carmel river, and by this means alone the plaintiffs have become and are the owners of the lands described in this finding.” (The italics are ours.) So much of the above finding as is italicized is attacked by the defendant as not being supported by the evidence, and in this connection he very correctly states in his brief that: “If this finding is justified by the evidence the judgment should be affirmed, otherwise it must be reversed, and a consideration of this question is the only…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.