Swarzwald

Swarzwald v. Cooley

Good Law
1934 Cal. LEXIS 554·220 Cal. 438·31 P.2d 381
Supreme Court of CaliforniaMarch 30, 1934Docket No. L.A. 13331.California2,653 words

Opinion

Lead Opinion

Preston, J.

The record shows an action by plaintiffs Swarzwald and a cross-action by defendant Cooley, both in form to quiet title and to locate the oceanward extremity of a common boundary line. The bank and the other defendants are only nominally interested in the result of this litigation, the former being the trustee and the latter beneficiaries under a real estate subdivision trust, of which the lands in question are a part.

The controlling question is the true location of the common point in the line of ordinary high tide, or mean high tidé, of the Pacific Ocean, which, in May and June, 1927, marked the southerly terminus of the northwest boundary line of lot 9 and the like terminus of the southeast boundary line of lot 8, both situate in a subdivision of Laguna Beach lands in Orange County, California, officially designated as Arch. Palisades No. 2.

Description of these lots originates in the southwest boundary line of the state coast highway. They are each 100 feet in width along this highway and the laterals are uniform lines parallel to each other and perpendicular to said highway line, terminating in said mean high-tide line, or ordinary high-tide line, of the ocean. After…

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