Pilkington v. Fausone

Opinion

COAKLEY, J.

This quiet title action presents the question of ownership of an alley, 20 feet wide. The court decreed ownership of the westerly 10 feet of the alley in the respondents and the easterly 10 feet in appellant. Appellant contends he owns the entire 20 feet.

The facts are not in dispute and there is no issue of credibility of witnesses. The solution lies in the interpretation of documentary evidence, chiefly deeds, and in applicable statutes. Accordingly, the question is one of law, which, as an appellate court, we must resolve independently of the trial court’s determination.…