Murr

Murr v. Cohn

Good Law
1927 Cal. App. LEXIS 83·87 Cal. App. 478·262 P. 768
Court of Appeal of CaliforniaDecember 12, 1927Docket No. 5974.California1,284 words

Opinion

Lead Opinion

Sturtevant, J.

The plaintiffs commenced an action against the defendant to quiet title to certain personal property. The defendant answered and a trial was had in the trial court before the court sitting without a jury. The trial court made findings in favor of the plaintiffs and the defendant has appealed.

The defendant owned lots 18 and 19 in Block “K” of the city of Oxnard. He leased the lots to the plaintiffs for a period of five years. At that time the lots were wholly vacant. When the plaintiffs entered into possession they placed on the property “one field portable gasoline station, one gasoline air pump, and one gas tank.” The station was put in place by laying pieces of 2x4, making a rectangular frame and resting it on the surface of the ground. Thereafter concrete was poured into that frame, covering the space of ground inclosed with concrete four inches deep. The station was set on top, the outside walls of steel rested on the 2x4 and were nailed thereto. The pump was placed on a concrete pier, which was also constructed on top of the surface of the ground. The tank was sunk into the ground about seven feet deep. After the plaintiffs had been in possession they negotiated a sale of…

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