Oglesby

Oglesby v. City of Santa Barbara

Good Law
119 Cal. 114·1897 Cal. LEXIS 864·51 P. 181
Supreme Court of CaliforniaNovember 29, 1897L. A. No. 151California1,886 words

Opinion

Lead Opinion

Chipman, J.

Action to restrain defendants from entering upon block 56^, in the city of Santa Barbara, which it is alleged in the complaint defendants threaten to do for the purpose of grading Laguna street, on which said block fronts, and from excavating and removing soil from said block and removing plaintiffs’ fences inclosing the same. By stipulation, the case entitled Julia Gr. Baker versus the same defendants was tried upon the same evidence as that first above mentioned, and is here by the same transcript, both to be heard and determined as governed by the same questions of law and fact. The court gave judgment for plaintiffs, and the appeals are from the judgment and from the order denying defendants’ motion for new trial and upon a statement. The court found, and it is not denied, that the streets and blocks of said city, vhen a town, in 1851, were surveyed and platted upon a map by one Salisbury Haley, and that said survey was then adopted as the official survey and map of said city, by which plaintiff's block 56£ is bounded on the southwest by Laguna street; that plaintiffs are and were the owners when the action was commenced and seised in fee of said block, being one hundred and…

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