Ponet

Ponet v. Wills

Good Law
1897 Cal. LEXIS 943·5 Cal. Unrep. 659·48 P. 483
Supreme Court of CaliforniaApril 9, 1897L. A. No. 114California1,573 words

Opinion

Lead Opinion

Haynes, J.

Action to quiet title. Findings and judgment were for the plaintiff, and defendants appeal from an order denying their motion for a new trial, upon the ground that the findings are not justified by the evidence.

Plaintiff and defendants own contiguous lots in the city of Los Angeles, fronting on Buena Vista street, formerly known as Eternity street. Said street runs nearly north *660 and south. Bellevue avenue, formerly known as Short street, crosses Buena Vista street at a point north of the premises in dispute, and plaintiff’s lot lies on the north side of defendants’ lot. Plaintiff alleges that defendants entered upon his lot in 1893, and erected a fence thereon parallel to his south side line, and eleven and two-tenths feet north thereof, and claim to own said land so fenced off from plaintiff’s lot, or that they have some adverse interest therein. The sole question is as to the true location of the line between said lots. That the evidence in this case is conflicting is apparent from the briefs of counsel of the respective parties, as well as from the evidence contained in the record. An extended discussion of the evidence is, therefore, unnecessary. The lot now owned by…

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