Plummer
Plummer v. Sheldon
Opinion
Lead Opinion
Foote, J.
The plaintiff, a road overseer in the county of Sacramento, brought a separate action against each of the appellants here for the obstruction of a public road. For convenience, the appeals, are to be heard upon a single consolidated statement on motion for a new trial, and the judgment roll of each case.
The court below found in favor of the plaintiff in each case, and from the judgment therein rendered, and orders denying a new trial, these appeals are prosecuted. The determination of one involves that of the others.
The main questions raised for a reversal of the judgments and orders are, that the evidence does not support the findings; and that even if the findings are supported by the evidence, they do not justify the judgment.
The facts as set out in the findings are about these: About twenty-five years before these actions were brought, there was a certain road in Sacramento County, called the Grant Line road, which was supposed to run along the base line of a grant of land from the Mexican government, and patented by the government of the United States to one Jared Sheldon. The parties who are defendants here owned land included in this grant, and along the westerly…