Ferris
Ferris v. Emmons
Opinion
Lead Opinion
Waste, J.
The defendant appeals from a decree quieting plaintiff’s title to a strip of land seven and one-half feet wide, adjacent to the center line of block 195 of the Pomona tract, in the city of Pomona, county of Los Angeles.
Block 195 was formerly owned by the Pomona Land and Water Company, which company in the year 1886, conveyed the west half thereof to defendant’s predecessor in interest, and in the year 1888 conveyed the northeast quarter thereof to plaintiff’s predecessor in interest. The defendant, by mesne conveyances, has since come into the ownership of the northwest quarter of the block, so that now the plaintiff and defendant own, respectively, the northeast and the northwest quarters of block 195. The two deeds running in favor of the predecessors of the parties hereto were made “according to” a map of Pomona tract recorded in the year 1875, thereby incorporating the map in the description of the property conveyed. According to this map, block 195 contains forty acres, of land “measuring in every instance to the centers of the adjoining streets”. The net acreage of block 195, exclusive of the streets, is 35.46 acres. As the owner of the northeast quarter of the block, the…