Sharp v. Blankenship
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County, and from an order denying a new trial. The survey of 1878, referred to in the opinion, was made by the county surveyor at the joint request and joint expense of plaintiff and defendant, and several witnesses testified that before and at the time of said survey plaintiff declared that he wanted tó determine the correct line, and wanted none of Blankenship’s land, but only what was his own, and that if the…
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Appeal from a judgment of the Superior Court of San Joaquin County, and from an order denying a new trial. The survey of 1878, referred to in the opinion, was made by the county surveyor at the joint request and joint expense of plaintiff and defendant, and several witnesses testified that before and at the time of said survey plaintiff declared that he wanted tó determine the correct line, and wanted none of Blankenship’s land, but only what was his own, and that if the fence was not on the line when they surveyed it, they would put it on the line. Two or three witnesses testified that when…
1Opinion of the CourtMcFarland, J.
This is an action of ejectment to recover a strip of land lying along the boundary line between two coterminous owners. The verdict and judgment were for defendant. Plaintiff appeals from the judgment, and from an order denying a new trial.
Plaintiff owns a tract of land which is generally described as the southeast quarter of section 26, according to a plan of survey, called the Weber survey, of a grant called the Campo de los Franceses, and defendant owns the southwest quarter according to the same survey,—the two tracts adjoining each other in (practically) the same manner in which…
2Cases cited2 opinions
- Stanley v. GreenCalifornia Supreme Court · 1859
- McFadden v. WallaceCalifornia Supreme Court · 1869
3Cited by5 opinions
- Williams v. HarterCalifornia Supreme Court · 1898
- Hamilton v. Consolidated Water Co.California Court of Appeal · 1921
- Shelton v. MaletteCalifornia Court of Appeal · 1956
- Steele v. ShulerCalifornia Court of Appeal · 1963
- Woodson v. TorgersonCalifornia Court of Appeal · 1930