Forgeus

The plaintiff is the owner of a tract of land near Twin Lakes in Santa Cruz County, the bay of Mon terey being the southerly boundary line of said land. One of plaintiff’s predecessors in interest, J. C. Kimble, by deed dated September 4, 1890, granted to the county of Santa Cruz, for public use as a highway, street, or road, a strip of land sixty feet in width, now known as the East Clift Drive. It is the contention of appellant that the road divided the Kimble land into two parts, leaving north of the road high land and south of the road beach land. The tract south of the road is the one in dispute. It consists of sand hills, or dunes, and a regular beach, and there is no dispute that for years teamsters have gone on to this tract and hauled away large quantities of sand, it being particularly adapted for plastering. In January, 1907, the Santa Cruz Bay View Company, the predecessor in interest of plaintiff, constructed a fence around the property it claimed to own south of the road. Openings were left in the fence for the use of the public in going on to the beach, and no objection seems to have been made to any one carrying away drift woodj but the fence excluded the teams…