Sullivan

Sullivan v. Lumsden

Good Law
118 Cal. 664·1897 Cal. LEXIS 828·50 P. 777
Supreme Court of CaliforniaNovember 1, 1897L. A. No. 228California2,154 words

Opinion

Lead Opinion

Belcher, J.

On January 6, 1888, Lillian Cullen commenced an action in tbe superior court of San Diego county against J. C. Sprigg, tbe plaintiffs in this action and others, for tbe partition of lot 1111 of tbe pueblo lands of tbe city of San *666 Diego, “as shown and delineated upon tbe official map thereof made by Charles H. Poole, C. E. and IT. S. deputy surveyor, and lmown as the Poole map.” The plaintiffs here did not appear in that action, and their defaults were entered. The case was tried, and the court found that the parties to the action were the owners of certain described portions of the said lot, the plaintiffs here owning ten and eighty-ñve one hundredths acres thereof, which was a strip situated along the east line of the lot, and'was two hundred and ten feet wide. In the findings the “said lot” and the “Poole map” are frequently referred to. In accordance with the findings, an interlocutory judgment was entered, directing “that the aforesaid pueblo lot be partitioned and set apart in sev-eralty to the parties thereto, the plaintiff, intervenor, and defendants in this suit, in the proportions determined in this judgment and the findings of fact filed herein”; and certain named…

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