Pedro

This is an appeal by the defendant County of Humboldt from a judgment against it in an action to enforce the terms of a certain deed accepted by the county from the plaintiff’s grantor, and for damages.

In November, 1921, Elizabeth Marks was the owner of a ranch in Humboldt County comprising upwards of 240 acres, consisting of some timbered areas and some low reclaimed marsh-land used for agricultural purposes. On the fifteenth day of that month she executed and delivered to the County of Humboldt, and the county accepted from her, a deed to a 40-foot strip for road purposes running along the easterly boundary of her ranch, and the strip was thereafter included in the construction of the Samoa-Arcata highway. That deed recited a consideration of $10 and contained the following provisions: “It is understood and agreed that the grantee is to maintain and keep open a ditch along the east side of said right of way. Also to keep in good repair the flood gates and the outlet to ditch on east side of said right of way, and also to construct a road from cow barn to field on upper end of said property.”

Subsequently and in July, 1924, Elizabeth Marks entered into a contract of sale of…