1 Ariz. 25 | Ariz. | 1866
This case arose in the court below, on the complaint of Davis against Simmons, to recover possession of the eastern half of a tract of land in Yavapai county, the whole of which is described in the said complaint as follows: “Situate on "Willow creek, commencing at a stake near a hill at the south-west corner, thence north one fourth of a mile to a stake, thence east one mile to a stake, thence south one fourth of a mile to a stake, thence west one mile to the place of beginning. The said ranch being about one mile west from the house of Giles & Co., and embracing not exceeding but about one hundred and sixty acres.” The plaintiff also claims two thousand dollars damages, for the detention of the described premises and costs. The date of the summons is June 5, 1865. The date of the answer, which is a mere general denial of the allegations of the complaint, is not given in the transcript before this court. On the trial of the cause the parties waived a jury, and the conclusions of law on the facts found, as stated by the court, were as follows: “That judgment must be entered for plaintiff, for the possession of about eighty acres of land, or so much of defendant’s claim as may encroach on plaintiff’s as originally stepped and staked by him, one quarter of a mile wide and one mile long, according to the description contained in plaintiff’s complaint, with damages in the sum of six hundred dollars, for the wrongful taking and retention of said lands, to wit, about eighty acres at the eastern end of plaintiff’s claim as described as aforesaid, and that execution issue according to law for the said sum of money, and that the sheriff, by a writ of restitution, put the plaintiff in possession of said lands, as aforesaid, and for all costs and disbursements in the said suit.” The date of the trial and decision of the court are not given, but the transcript states that judgment was entered thereupon, with costs taxed at eighty-nine dollars and ninety cents, May 9, 1868, which was probably meant for 1865, as appears from subsequent dates. There appear to have been no exceptions made at the trial, and no further proceedings in the case, till January 22,1866, when the defendant gave notice of his appeal “from the whole judgment entered againsthim,” and “which is (generally) assigned as error, as being contrary to law,
The essential legal requisites of a possessory right in lands here, are the intention of the occupant permanently to oc
The damages of six hundred dollars are not excessive; for it appears that the defendant, in a single season, cut and sold hay of about that value from the premises in controversy. The narrow elongation of the plaintiff’s land as described in his' complaint can not invalidate his claim, or enable the defendant to appropriate any portion of it. Its width is equal to that of the forty-acre unit of the federal surveys; its length is not greater than the square mile from which that unit is obtained by subdivision; while, like the linear bases of the federal surveys, it extends due east and west, or as nearly so as the crude measurements of both parties without instruments could make it. Bor aught this court can determine, the plaintiff’s claim may correspond to four continuous connected forty-acre tracts, yet to be indicated by those surveys, or. even a slight variation, may be susceptible of easy territorial and legal adjustment. The plaintiff’s offer to buy his peace and avoid a lawsuit for seventy-five dollars was not the surrender of any legal advantage or the admission of an adverse claim, rejected, as it seems to have been by the defendant, to whom it was made. Part of the syllabi of some cases were cited without comment as adverse to the present case, which was submitted without oral argument. On examination, however,
The order of this court, therefore, is that the judgment of the district court of the third judicial district in the present case be affirmed, and that it be remanded there for execution.