City of Los Angeles v. Pomeroy

Citations

• 125 Cal. 420
• 58 P. 69
• 1899 Cal. LEXIS 876

Syllabus

<p>Easement for Ditch—Adverse User—Cessation op Use.—An easement for a ditch acquired by adverse user is lost and extinguished by complete disuse for the period prescribed for acquiring title by prescription.</p> <p>Id.—Patent to Successors op Mexican Grantee—Freedom prom Legad Easement—Equity.—A United States patent issued without reservation to the successors of a Mexican grantee, to whom the whole rancho was conveyed without reservation, does not inure to any person claiming under a grant of an easement of a ditch from the original grantee; but the patentee acquired the whole legal title free of every sort of legal servitude. The grantee of such easement has at most a mere equity, which must be alleged and proved as such.</p>