Peterson
Peterson v. Machado
Opinion
Lead Opinion
Belcher, J.
The plaintiff was the owner of a tract of land in San Luis Obispo county, which was bounded on its westerly side for a distance of abont two thousand four hundred feet by a natural stream of water, known as 'Sycamore” or “Los Osos” creek. He resided on this land with his family, his dwelling-house being about fifteen hundred feet distant from the creek, and was engaged in farming *274 the same, and raising stock, consisting of cattle, horses and hogs. The defendant owned two tracts of land, one adjoining the north side of plaintiff’s land, and the other the south side thereof. In October, 1887, plaintiff, by an instrument in writing, granted and conveyed to defendant, and to his heirs and assigns, “a road and right of way for all purposes over and across the aforesaid land of Peterson, and to be forever appurtenant to the aforesaid land now owned by said Machado, which road shall be sixteen (16) feet wide, shall run along the east side of what is known as ‘Sycamore’ or ‘Los Osos’ creek, connecting the aforesaid two tracts of land now owned by said Machado, and the easterly line of which road is described as follows: [Setting out courses and distances.] ” The instrument was…