114 Cal. 295 | Cal. | 1896
Action of ejectment, begun March 11, 1886, for a parcel of land in the city of Los Angeles. Judgment was for plaintiff. Appellant contends that plaintiff never had title in the disputed premises; that if she did acquire such title yet it was lost by her conveyance thereof, or by adverse user; and lastly that it, the defendant, never ousted the plaintiff or had possession of the premises.
1. In April, 1872, the city council of Los Angeles passed an ordinance vacating portions of a highway in said city, commonly known as Messer’s lane (styled in the ordinance “old First street”) and establishing instead thereof a new street called First street. Plaintiff then owned a number of lots including those designated
It is argued that the title became vested in plaintiff’s husband as community property. Prima facie, the deed of Mott & Johnson to Mrs. Sanchez, which conveyed at least that part of their tract between the new street and the vacated lane, made the estate granted her separate property (Swain v. Duane, 48 Cal. 358); and no attempt was made to rebut the presumption. Whether the deed
2. On March 29, 1875, plaintiff made a deed to one Leonis, and appellant claims that by this deed she divested herself of title in the demanded premises; its descriptive portion was as follows: “All those certain lots of land .... being parts of that tract of land situate on the east side of Alameda street in said city, known as the Sanchez tract, and lots -11, 12, 13, 14, 21, 22, 23, 24, in block 4 of said tract, as per subdivision map of said tract made .... in April, 1871.” The map referred to did not exhibit the land in suit as part of the Sanchez tract; said lots 11, 12, 13, 14 fronted north on Banning street and abutted south on the other four lots. Admitting that after the lane was vacated the land in it was considered by plaintiff as part of the Sanchez tract, yet it was certainly an unsurveyed and unplatted part, and there is no language in the foregoing description apparently designed or sufficiently definite to carry any land not delineated on the map. A more serious question is whether the land in Messer’s lane to the middle of it did not become, when the lane was vacated, by a sort of accretion, parcel of the abutting lots so as to pass with them by the deed to Leonis without further designation. (See Challiss v. Depot etc. Co., 45 Kan. 398; Atchison etc. R. R. Co. v. Patch, 28 Kan. 470—cases turning upon a pe
Defendant pleaded certain provisions of the statute of limitations. (Code Civ. Proc., secs. 325, 326.) We have been unable to find in the record any sufficient evidence that the land sued for, whether alone or with other land, was for any period of five years before the commencement of the action protected by a substantial inclosure, or was usually cultivated or improved; so that those sections are not available as a defense.
3. In 1882, J. A. Forthman and W. B. Bergin, successors in interest of said Leonis, made a deed to seven named persons, called" in the deed “trustees of the Grace M. E. Church,” of premises described thus: “Lot numbered 23 and fractional lot 24 in block 4 of the Sanchez tract, .... with its continuance up to the line of First street added thereto by the city council of Los Angeles by straightening First street,” etc. In 1883 the church —that is, as we understand the evidence, the professed Christian society called the Grace Methodist Episcopal Church, governed locally by a quarterly conference consisting of official members, and acting as regards fiscal
It is provided in section 595 of the Civil Code, that such a corporation may hold all the property of the association owned prior to incorporation or acquired thereafter in any manner, and transact all business relative thereto. Appellant claims that it has never acted under this provision of the statute; that the seven persons named as grantees of Forthman and Bergin hold whatever title passed by that deed, and were in possession of the premises when the action was commenced; that the corporation “ had nothing to do with either the purchase or occupation of said land.”
We are concerned only to determine who was the actual occupant of the premises when the suit was brought. It must be conceded that no avowed taking of possession, nor assumption of control of the property by formal act or resolution of the corporation, is shown in the record. But we do not think this was necessary. It was the ecclesiastical society constituting the church, not the seven persons who signed the articles of incorporation, that became a legal entity with power to transact all business relative to the church property; the trustees or directors were but its agents in that be
For the reasons given in the foregoing opinion the order denying a new trial is affirmed.
Harrison, J., Van Fleet, J., Garoutte, J.