City of Carlsbad v. Neal

SWOPE, District Judge.

In this case plaintiff (appellant) brought an ejectment action against the defendants (appellees) to recover possession of what it claimed was a portion of one of its streets. In their answer and counterclaim, the defendants denied that the plaintiff was entitled to possession of the land, asserted that they owned it, and requested that their title to it be quieted. The case was tried to a jury, and after the plaintiff had presented its evidence, the trial court sustained the defendants’ motion for a directed verdict and entered a judgment dismissing the complaint and…