Irwin v. Towne
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Marin. The parties owned adjoining tracts of land, and the controversy was as to the location of the boundary line between them.
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Appeal from the District Court of the Seventh Judicial District, County of Marin. The parties owned adjoining tracts of land, and the controversy was as to the location of the boundary line between them. The plaintiff’s deed described the line thus: “ Commencing on a line at a point one hundred yards below the mouth of the creek running from San Rafael to the Bay of San Francisco, on the easterly side of said creek; thence running at right angles to said creek to the highest ground on the ridge.” The description in the deed to the defendants was as follows: “ Commencing at a point about one…
1Opinion of the Court
By the Court, Crockett, J.:
The action was tried by the Court, and' no written findings were filed. Judgment was entered for the defendants, and the plaintiff appeals from an order denying his motion for a new trial. Both parties claim under a common source of title, the conveyance under which defendants deraign title being prior in time. Bach claims that his own'deed embraces the premises in controversy, and that the deed of his adversary does not. The defendants being in possession, it will be unnecessary to consider their title, unless it appears that the deed to the plaintiff includes the…
2Cited by3 opinions
- Martin v. LloydCalifornia Supreme Court · 1892
- Currier v. NelsonCalifornia Supreme Court · 1892
- Segar v. BabcockSupreme Court of Rhode Island · 1893