5 Cal. 2d 165 | Cal. | 1936
This is an appeal by H. S. Stillwell, plaintiff, and by Marguerite Goux, Robert E. Goux, and Augustine Charles Goux, a minor, defendants and cross-complainants, whose interests are identical with those of said plaintiff, from a judgment of the Superior Court of Santa Barbara County.
As shown by the pleadings of plaintiff and of said cross-complainants, they seek to quiet title to a narrow strip of land, which is part of a sand beach fronting on the Pacific Ocean, as against defendants who own lands adjoining said described parcel, and who claim that the said lands owned by them include the parcel of which appellants assert ownership in themselves.
In the year 1891, a certain action, Coyle et al. v. Southern Pacific R. R. Co. et al., was begun in the superior court, for partition of all of the land conveyed by said deed of the town of Santa Barbara. In the course of time that action was tried, an interlocutory decree ascertaining the several undivided interests was duly entered, commissioners were appointed, surveys made, commissioners ’ report filed, and a final decree was entered. It is admitted herein that in all of the partition proceedings, including the interlocutory decree, the strip of land claimed by appellants herein was part of the land which was sought to be and was ordered to be parceled out in severalty. The asserted title of appellants depends wholly upon the soundness of their contention that the land described in the complaint in this action was omitted from the final decree of partition in said former action.
In the final decree of partition there are several recitals and declarations which prove the continuing intention of the court to partition “the lands and premises mentioned in the complaint”. If there was any failure to include all of that land, such failure must be ascribed to some error in describing one or more of the parcels, so that the court did not accomplish the announced purpose and intention of the decree. It can be only through some such error that any of the parties could have retained, as tenants in common, their title to the land now in controversy.
So far as germane to this case, the parcels designated in the final decree and shown on the partition map, are lots 1, 2, 3, 5 and 6. Appellant Stillwell claims under succession to Frances L. Packard, who received lots 1, 3 and 6. The other appellants claim under succession of J. B. Goux, who received lot 5, and Antonio Schiappa Pietra, who received lot 2.
Appellants contend that this manifest purpose of the final decree was not accomplished because, as they claim, the lots were described by metes and bounds and by the use of terms which excluded the land now claimed by them. The description of lot 1 will serve as an example. It begins a a redwood post, “set for corner in the sandhills, and being the southwest corner of a tract of land belonging to M. Lewis, and also the west corner of the tract in controversy in this suit; thence along the top of sand hills. 1st. S. 42^4° B. 37.77 chains to a 4x4 redwood stake set out at the base of sand hills; thence, 2d; North 26.32 chains to a 4x4 redwood stake, set in fence on the south line of the strip of land heretofore allotted to the Southern Pacific Railroad Company”; thence by further courses and distances to the place of beginning.
The argument of appellants in support of their contention above stated is formulated in two propositions. These are, first, that a decree of partition is conclusive as to the extent and boundary of the land partitioned, and in the absence of any ambiguity in the decree the same cannot be extended or modified by judicial construction; and, second, that where a parcel of land is described by metes and bounds and the boundary line is fixed with reference to redwood posts and no mention is made of the ocean in front of the land, it cannot be said that said boundary line is a meander line.
Let it be assumed that the first proposition is a correct statement of the law. Then the second proposition presents the principal question offered for solution. This proposition implies and so concedes, that if in the final decree the ocean had been referred to in connection with the descriptive courses and distances which define the lines now the subject of controversy, then and in that ease those lines reasonably might be
In addition to the defense of respondents in relation to the issues hereinbefore discussed, they also pleaded that the right of action of appellants was barred by the provisions of
The judgment is affirmed.
Seawell, J., Langdon, J., Curtis, J., Shenk, J., Thompson, J., and Waste, C. J., concurred.
Rehearing denied.