Tarpey

Taft v. Tarpey

Good Law
125 Cal. 376·1899 Cal. LEXIS 867·58 P. 24
Supreme Court of CaliforniaJuly 17, 1899S. F. No. 1163California2,215 words

Opinion

Lead Opinion

Chipman, J.

Injunction. Plaintiff seeks to restrain defendant from 'entering upon her land for the purpose of opening a road over the same. Defendant claims that the strip of land in question was dedicated to the public for a road by plaintiff’s predecessors in estate, and was also reserved for road purposes from the deed by which she claims title. The court found the following facts: That on April 21, 1884, one George H. Eggers was the owner in fee of the west half of the southeast quarter of section 20, township 13 south, range 21 east, situated in Fresno county, and on that day conveyed the same to George W. Taft (plaintiff’s husband) by deed which contained a clause following the description of the land, to wit: “Reserving from this grant the right of way over a strip of land thirty feet wide on the westerly line of said tract of land for canal or road purposes, both or 'either”; said Taft entered into possession and occupied the premises until July 15, 1895, when he conveyed the land to plaintiff, who has ever since occupied and now occupies the same; in 1883 said Eggers conveyed the east half of the southwest quarter of the same section (lying directly west of plaintiff’s land) by deed…

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