Phelan

Phelan v. Drescher

Good Law
1928 Cal. App. LEXIS 425·92 Cal. App. 393·268 P. 465
Court of Appeal of CaliforniaJune 2, 1928Docket No. 3450.California2,577 words

Opinion

Lead Opinion

Preston, J.

Plaintiffs brought this action to quiet title to about twenty-four acres of land in Butte County, and to establish the dividing line between their lands and those of defendants. The defendants answered, asserting title by adverse possession to the land claimed by plaintiffs, and alleging that the dividing line between their lands is different than that claimed by plaintiffs. Defendants also allege in their answer that plaintiffs’ claims are barred by the various provisions of the statute of limitations.

Judgment was rendered in favor of plaintiffs, from which judgment defendants prosecute this appeal.

The case was tried by the court sitting without a jury. The court found, among other things, that the true and correct dividing line between the lands of plaintiffs and defendants is as claimed by plaintiffs, and that plaintiffs owned the land in dispute, and it is north of this dividing line, and that defendants owned the land to the south of said line. The court further found in favor of the plaintiffs on the issues of adverse possession, agreed boundary, and the bar of the statute of limitations.

Appellants contend that these findings are not supported by the evidence.

The…

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