Davis

Baldwin Contracting Co. v. Davis

Good Law
178 Cal. App. 2d 419·2 Cal. Rptr. 785
Court of Appeal of CaliforniaFebruary 25, 1960Civ. No. 9599California429 words

Opinion

Lead Opinion

Peek, J.

This is an appeal by defendants from a judgment quieting plaintiff’s title to certain land formed by accretion.

The disputed land is bounded on the south by the Yuba River and is designated “D” on the rough sketch shown on the following page which is not drawn to scale.

Title to parcels “A” and “C” is vested, respectively, in *420 defendants and one J. N. Covert. Parcels “B,” “D,” “E” and “R” were formed by accretion. In 1949 defendants and Covert agreed upon a boundary line extending in a southeasterly direction from the south corner, common to parcels “A” and “C,” to the northeast corner of parcel “D.” Since that time ownership of parcel “E” has been claimed by Covert and that of parcel “B” by defendants.

Plaintiff makes no claim as to either parcel “B” or “E” but claims parcels “D” and “R” by virtue of adverse possession and under a quitclaim deed from Covert in 1954. However that deed was not introduced in evidence and no finding was made thereon. The material findings were limited to the issues raised by the pleadings. They are that plaintiff *421 acquired title to parcel “E” by adverse possession; that defendants acquired title to parcel “B” by adverse possession ; and…

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