Cohn

City of L.A. v. Cohn

Caution
101 Cal. 373·1894 Cal. LEXIS 1042·35 P. 1002
Supreme Court of CaliforniaFebruary 21, 1894No 19210California1,919 words

Opinion

lead Opinion

Garoutte, J.

Plaintiff brings this action to recover the possession of a small .tract of land which lies at the intersection of Spring and Main streets, in the city of Los Angeles, and which is covered by a portion of the building known as Temple Block. It is claimed by the city that this land is a part of a public street. At the conclusion of the trial, the court made its findings of fact to the effect that defendants were the owners of the land at the time the action was commenced, and that they and their grantors and predecessors had been in *374 the active and exclusive occupation and possession of the property for more than forty years. Upon these findings judgment went for the defendants, and this appeal is prosecuted from that judgment, and from the order denying a motion for a new trial.

Owing to the views we entertain upon another branch of the case, we do not find it necessary to discuss in detail the sufficiency of the evidence to support the finding of the trial court as to the character of the possession and the period of time of the possession of these defendants and their grantors and predecessors over this tract of land. Upon examination of the evidence, we think it…

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