Blackburn
Blackburn v. Nelson
Opinion
lead Opinion
Garoutte, J.
Action to quiet title. The appeal is taken from a judgment in favor of plaintiffs, and the only question involved is as to the location of the western boundary line of the Rancho Paso de Robles.
The rancho was surveyed in 1859, and its boundary lines, as far as it is necessary to examine them for the purposes of this case, are described as commencing at a post marked P. R. No. 3, then west 84 chains and 20 links to a post marked P. R. No. 4, thence south 255 chains 87 links to the corners of sections 31, 32, 5, and 6. There is no dispute either as to the location of P. R. No. 3 or the termination of the west line of the tract at the point where the four sections corner, but the post marked P. R. No. 4 is destroyed, and this litigation is the result, for the location of the corner where that post originally stood is determinative of the merits of this case. The township of government land lying immediately west of the aforesaid rancho was surveyed and sectionized in 1869, long after the title to the rancho was settled and its exterior boundaries finally located; hence if any conflict arises between these respective surveys the grant survey must prevail.