Legal Opinion

Allen v. Reed

California Supreme Court

Decided July 1, 1876No. 4888PublishedCited by 4 opinions

Appeal from the District Court, Sixth Judicial District, County of Sacramento. Ejectment to recover lot number two, in the block bounded by N and O and Ninth and Tenth streets, in the city of Sacramento. In 1858, W. C. Burnham became the owner of the west half of lot three in said block, and erected a fence on the line pointed out to him by a surveyor as the true line between lots two and three.

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Appeal from the District Court, Sixth Judicial District, County of Sacramento. Ejectment to recover lot number two, in the block bounded by N and O and Ninth and Tenth streets, in the city of Sacramento. In 1858, W. C. Burnham became the owner of the west half of lot three in said block, and erected a fence on the line pointed out to him by a surveyor as the true line between lots two and three. Burnham’s deed described the land comveyed as the “west half of lot three” in said block, and contained no specific boundaries. He continued to occupy the land inclosed as the west half of lot three,…

1Opinion of the Court

By the Court, Rhodes, J.:

Lot number three in the block bounded by N and O and Ninth and Tenth streets, in the city of Sacramento, lies to the east of and adjoining lot number two, in the same block. The party under whom the defendant claims title, being the owner of the west half of lot number three, erected a substantial fence around the same, on the lines which were pointed out to him by a surveyor as the correct lines. The western fence is eleven inches west of the true line dividing lot number three from lot number two. The defendant and *364his grantors have had the continuous adverse…

2Cited by4 opinions

  1. Danielson v. NealCalifornia Supreme Court · 1913
  2. McDonald v. DrewCalifornia Supreme Court · 1893
  3. Brummell v. HarrisSupreme Court of Missouri · 1901
  4. Smith v. RobartsCalifornia Supreme Court · 1885

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