Schmidt v. Klotz
California Supreme Court
APPEAL from a judgment of the Superior Court of Napa County. E. D. Ham, Judge. The right of way over the defendant’s lands, set forth in the deed from the defendant to the plaintiff, was described as follows: “Commencing at a point where the old road, as now ns'ed, crosses the boundary line between onr said lands, and running thence easterly on the line of said old road to the east line of my land, said roadway or right of way to he eighteen feet wide, with such additional…
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APPEAL from a judgment of the Superior Court of Napa County. E. D. Ham, Judge. The right of way over the defendant’s lands, set forth in the deed from the defendant to the plaintiff, was described as follows: “Commencing at a point where the old road, as now ns'ed, crosses the boundary line between onr said lands, and running thence easterly on the line of said old road to the east line of my land, said roadway or right of way to he eighteen feet wide, with such additional width as may be necessary at the curves or turns thereof.” Further facts are stated in the opinion.
1Opinion of the Court
COOPER, C.
Action to quiet title to a right of way. Plaintiff recovered judgment and appeals therefrom, claiming that the judgment is erroneous in several respects, and that he is entitled to more relief than is therein given.
The court had the right to consider the acts of the parties in adopting the description contained in the deed of the right of way from defendant to plaintiff, and the building of fences by defendant and use of the road by plaintiff. (Tyler on Boundaries, 124; Mulford v. Le Franc, 26 Cal. 108; French v. Carhart, N. Y. 102; Stone v. Clark, 1 Met. 380. 1 ) It is evident that…
2Cases cited3 opinions
- Mulford v. Le FrancCalifornia Supreme Court · 1864
- Stoddard v. TreadwellCalifornia Supreme Court · 1865
- Commonwealth v. ThorntonCourt of Appeals of Kentucky · 1858
3Cited by11 opinions
- Hoyt v. HartCalifornia Supreme Court · 1906
- Michell v. OlickCalifornia Court of Appeal · 1996
- Perko's Enterprises, Inc. v. RRNS ENTERPRISESCalifornia Court of Appeal · 1992
- Sierra Union Water & Mining Co. v. WolffCalifornia Supreme Court · 1904
- Blume v. MacGregorCalifornia Court of Appeal · 1944
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