DocketNumber: S. F. No. 169
Citation Numbers: 112 Cal. 573
Judges: Garoutte
Filed Date: 5/8/1896
Status: Precedential
Modified Date: 1/12/2023
This is an action to recover possession of a small tract of land. Plaintiff and defendant are patentees from the United States government to lots 2 and 9, respectively, of section 5, of a certain township and range. The result of this litigation is dependent upon the proper location of the division line between these aforesaid lots. The section is found in the northern tier of sections of the township, and contains something
TOWNSHIP LINE.
It will be observed from the plat that the exterior lines of the section are marked out upon the ground by the government survey, save a portion of tne western boundary line. It further appears by the field-notes that such line was never run. The surveyor general, in platting the survey, projected a line due north from the northwest corner of the southwest quarter (an established corner) to the township line, as a dividing line between sections 5 and 6, and thereupon divided the excess of the section as appears from the plat.
The true line between lots 2 and 9 is dependent upon the location of' the quarter section corner upon the township line, a corner which was not established by the government surveyor. Hence, it follows that the location of that corner is dependent upon the northwest corner of the section (an unestablished corner), for it must be conceded that the quarter section corner should be located at a point equidistant from the northeast and northwest corner^ of the section. The trial court held that the northwest corner of the section should be located by running a line north to the township line from the established corner at the northwest corner of the southwest quarter. This also was evidently the view
Again, let us assume that the government surveyor, in fact, did locate upon the ground the northwest corner of section 5, and that the monument there placed has been lost, defendant is certainly in no more favor
There is no merit in defendant’s contention that by reason of the surveyor’s failure to run upon the ground a portion of the western boundary line of the section, that, therefore, the north half of the section has not been surveyed, and, consequently, no title vested in plaintiff to lot 2 by the patent issued from the government.
For the foregoing reasons the judgment and order are affirmed.
Harrison, J., and Van Fleet, J., concurred.
Hearing in Bank denied.
Beatty, C. J., dissented from the order denying a hearing in Bank.