Kirkegaard v. McLain

Plaintiff-respondent Dale D. Kirkegaard and his wife brought this action against defendant-appellant Richard G. McLain and his wife to quiet title to a pie-shaped piece of property along the boundary line between their properties. The parties own adjacent lots in a new subdivision near Fresno State College. The lots were marked by survey stakes, both front and rear, by the subdivider. Defendants’ corner lot was pie-shaped, or rhomboid in shape, since the streets do not intersect at right angles.

Plaintiff purchased a lot (number 177) and built a house on it in the spring of 1958. No house had…