Matthiessen
Matthiessen v. Grand
Opinion
Lead Opinion
Thompson, J.
This is an appeal from a judgment in favor of defendants and cross-complainants, quieting title to a private roadway across plaintiff’s land, and enjoining the maintenance of obstructions thereon.
Plaintiff brought an action to enjoin defendants from trespassing on his land. The defendants filed a cross-complaint claiming an easement by prescription to a 12-foot roadway some 10 miles in length across the premises of plaintiff from their adjoining ranch to a public highway beyond, and alleging that plaintiff had obstructed said right of way by constructing and maintaining a barrier across the roadway. The trial court found that plaintiff was the owner of the San Marcos Rancho consisting of a 47,000-acre tract of land in Santa Barbara County, including sections 1 and 12 in township 6, north of range 29 west, and section 6 in township 6, north of range 28 west, and sections 29, 3Ó and 31 in' township 7, north of range 28 west. That the defendants were the owners of 160 acres of land situated on the north and adjacent to the premises of plaintiff, and that “defendants . . . are the owners in possession and entitled to the possession of a private right of way over the lands of…