Howard

Howard v. Oroville School District

Good Law
1913 Cal. App. LEXIS 104·22 Cal. App. 544·135 P. 689
Court of Appeal of CaliforniaAugust 6, 1913Civ. No. 1131.California2,900 words

Opinion

Lead Opinion

Burnett, J.

The action was brought to quiet title to a small parcel of land within the townsite of Oroville described in the complaint as “situated on Bird Street adjoining the water-ditch and the Oroville school property on the west, and being a strip of land, or part of lot numbered eight in block number twenty-five and about forty feet in width, in back, and fifteen feet in front, running along said ditch north and south, as laid down in the official original map of said town of Oroville, now on file in the recorder’s office of Butte County, state of California.” The description, thus given, is apparently quite indefinite as the length of the lot and the eastern boundary line are not fixed. The reference to the original map, however, might enable a surveyor to identify the property and to locate it upon the ground. Said map, though, does not appear in the record and the one which is presented purports to be “a Map of Block 17 of Oroville from accurate survey by Wm. Edmunds” and bears the indorsement: “Filed as of record January 22nd, 1872, at request of W. S. SafEord, County Judge of Butte County. W. H. Chappell, County Recorder, Butte County.” It is conceded that the disputed strip is…

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