Rimpau

Rimpau v. Baldwin

Good Law
163 Cal. 225·1912 Cal. LEXIS 398·124 P. 1002
Supreme Court of CaliforniaJune 28, 1912L.A. No. 2568.California473 words

Opinion

Lead Opinion

Shaw, J.

The plaintiffs sued to quiet their title to 18.29 acres of land. The defendants in their answer denied plaintiffs’ title and alleged that E. J. Baldwin is the owner in fee of the land. The defense of the statute .of limitations was also pleaded. As a further defense, the defendants averred facts showing that the dispute concerning the land is in fact a dispute in regard to the location of the boundary line between plaintiffs’ land and Baldwin’s land adjoining plaintiffs on the south and that more than twenty years before the action was begun said division line was established and located on the ground, by the respective owners, that each party had ever since claimed and occupied up to the line so established, that plaintiffs had ever since acquiesced in the line so established and that according to this location the land in controversy was not claimed by plaintiffs and did not belong to them. The court found in favor of the defendants on all the issues, including a finding that Baldwin had acquired title to the land by adverse possession. Judgment was given accordingly. Baldwin having died his representatives have been substituted as parties.

The plaintiffs have appealed from the…

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