Watkins v. Lynch
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Foote, C.
This is an action in ejectment for a part of what was once used as a public highway, and, as alleged, had been abandoned by the public for more than five years.
The parties to the suit had through their several grantors become purchasers by deed of the land lying on each side of the road-bed.
The plaintiff claimed the whole of the road-bed; the defendant, that he owns up to the center or thread of the road, and is entitled to its possession if it is abandoned, but argues that it had not been abandoned as a public road.
One Berry had obtained on or about the 26th of October, 1858, from…
2Cases cited3 opinions
- Moody v. PalmerCalifornia Supreme Court · 1875
- Bludworth v. Lake (No. 1.)California Supreme Court · 1867
- Neil v. McNearCalifornia Supreme Court · 1881
3Cited by11 opinions
- Whitesides v. GreenUtah Supreme Court · 1896
- City of Redlands v. NickersonCalifornia Court of Appeal · 1961
- Hooper v. YoungCalifornia Supreme Court · 1903
- Southern Pacific Railroad v. FerrisCalifornia Supreme Court · 1892
- Brown v. KleinCalifornia Court of Appeal · 1928
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