Savercool

This is an action to quiet title to a road, approximately fifteen miles in length, running through plaintiff's timber lands in the Sierra Nevada Mountains in Tehama County. The defendants Davison and Errington alone defended the action. Judgment went in their favor and plaintiff has appealed.

Plaintiff contends that the road is a private road and that defendants’ use thereof has been permissive only and not such as to give rise to any right. Defendants urge that it is a public road, dedicated as such by many years’ user, and that the plaintiff is estopped to deny its public character.

At the conclusion of the trial the court found that the defendants and other persons, and the public generally, have repeatedly used the road; that such user has been open, notorious and adverse to the plaintiff and under claim of right; that such user has been uninterrupted since 1870; that plaintiff, by means of a gate and lock, has attempted to interfere with but has never wholly prevented the use of the road by the public; that it is a public road dedicated as such by the plaintiff, and its predecessors in interest; that the defendants, their predecessors in interest, the public generally, and…