Bryan
Bryan v. Grosse
Opinion
Lead Opinion
Melvin, J.
In 1894 Mrs. M. J. Turner and Abbott Kinney entered into an agreement whereby certain reciprocal easements were sought to be created with reference to their adjoining parcels of land in the city of Los Angeles. Appellant Bryan and respondent Grosse became possessed, through mesne conveyances, of the respective interests of Mrs. Turner and Kinney, Grosse’s title being subject, however, to a thirty-year leasehold interest of the other respondent, the Development Building Company.
A complaint was filed by Bryan in which he asked to have his title quieted to the property formerly owned by Mrs. Turner; and prayed that the second paragraph of the agreement between Mrs. Turner and Kinney be declared null and void. A demurrer to this complaint was sustained and plaintiff failing to amend, judgment was entered for defendants. From that judgment this appeal is taken.
In the agreement mentioned in and annexed to the complaint as an exhibit Mrs. Turner is designated as the party of the first part and Abbott Kinney as the party of the second part. They adopt the north line of the building owned by the first party on the east side of Spring Street, about eighty feet south of the south line of…