Hampton
California Mortgage & Savings Bank v. Hampton
Opinion
lead Opinion
Chipman, J.
Action to quiet title. Plaintiff had judgment, from which, and from an order denying motion for a new trial, defendants appeal.
It appears that in 1876 defendants were the owners of the south one-half of the southeast one-quarter of section 22, township 30 south, range 12 east, situated in San Luis Obispo *302 county. They in that year conveyed to one Andrews, by metes and bounds, a portion of said land by the description given in the answer, to which defendants disclaim ownership. In 1877 Andrews conveyed this piece of land by the same description to one Breed and he, in 1887, conveyed the land by the same description to one Dutton, and he, in 1897, by the same description, conveyed it to plaintiff, and ten days thereafter conveyed by quitclaim to plaintiff by the description given in the complaint. This latter description coincides exactly with the tract as it was fenced by Breed, a part of which fence was built by defendants, and which remains to-day the same as when built in 1877. The fenced tract is known as the “Dutton Place.” A map attached to the original transcript shows this description by a black line, which follows around the tract as the fence is built; and by a…