Stephens
Stephens v. Hambleton
Opinion
Lead Opinion
Belcher, J.
This is an action of ejectment to recover possession of a strip of land containing twenty-five and one-fifth acres. It appears that plaintiffs and defendants own adjoining tracts of land in Yolo county, plaintiffs’ tract lying north of defendants’ tract. The strip in controversy extends along the dividing line of the said tracts from the east to the west side thereof, and is claimed by both parties. The question is as to the true location of this dividing line. The case was tried by the court without a jury, and the findings upon all the issues were in favor of the plaintiffs. The judgment was that the plaintiffs recover possession of the said strip of land, and damages, in the sum of $475, sustained by plaintiffs by reason of the wrongful detention thereof. From this judgment and an order refusing a new trial defendants appeal.
1. The court did not err in denying defendants’ motion for nonsuit. All of the deeds offered in evidence by plaintiffs were admitted without objection by defendants. Copies of the deeds are not set out, but most, if not all, of them had been recorded, and presumably, they were properly executed, ac *544 knowledged and certified, so as to entitle them to…