Birk
Birk v. Hodgkins
Opinion
Lead Opinion
Sloss, J.
Action to quiet title to lots 1 and 2 of block V of the Mott tract in the city of Los Angeles. Lot 1 lies at the corner of First and Flower streets, and lot 2 adjoins it to the north. Each of the lots, as claimed by plaintiffs, has a frontage of sixty feet on Flower Street and a depth of one hundred and sixty-five feet. The court found that the plaintiffs Susie E. Birk and Rebecca Lee Dorsey, Jr., are the owners of all of lot 1 and the south 52.72 feet, front and rear, of lot 2, and that the defendant Elizabeth A. Hodgkins is the owner of “the south 45.7 feet of the north 376.19 feet of the east 165 feet of block V,” the property so described including the north 7.28 feet of lot 2 as claimed by plaintiffs. Judgment was entered following these findings. The plaintiffs appeal from the judgment and from an order denying their motion for a new trial.
The facts are undisputed, and the only question is whether the court below was justified in finding that the defendant Elizabeth A. Hodgkins, rather than the plaintiffs, was the owner of the strip of 7.28 feet on the northerly side of lot 2. On December 26, 1878, Prudent Beaudry, who was then the owner of the Mott Tract, conveyed to…