County of Trinity v. Superior Court

On April 13, 1971, this court ordered the appeal in the above entitled matter treated as a petition for writ of mandate. This court ordered respondent to show cause why mandate should not issue. The latter order was to study and resolve a rather unique matter, the nature of which will become clear as the discussion below develops. We have determined respondent has no interest as trustee or otherwise in the property in litigation and that the writ must be denied.

We state at the outset that the property affected by this litigation is a portion of Union Street as that street is delineated on the survey plat of Weaverville, an unincorporated townsite. The portion affected is described by metes and bounds in the petition which started the litigation. It was a petition dated December 24, 1970, addressed to the Honorable Harold Underwood, judge of the Superior Court of the State of California, in and for the County of Trinity, and it prayed for a deed from the judge as a successor to the Honorable T. E. Jones, who was county judge on July 25,1876.

The purpose of the proceeding was this: The portion of Union Street described in the petition is occupied by a fireball to which…