Eaton v. Jones

Citations

• 107 Cal. 487
• 40 P. 798
• 1895 Cal. LEXIS 780

Syllabus

<p>Quieting Title—Erroneous Description in Judgment—Inclusion oe Street — New Trial — Conditional Order — Discretion.—In an action to quiet title, where it appeared that a street was laid out entirely upon plaintiff’s lot, and no part of it upon defendant’s lot, and a narrow strip of land between the northerly boundary of the street and defendant’s fence was really the subject matter of the dispute; and the defendant had stipulated that no claim was made to any part of the plaintiff’s lot, a finding that the plaintiff was not the owner of the land between the center line of the street and defendant’s lot is unsustained, and it is within the discretion of the court to grant a new trial, unless the defendant would consent to have the judgment modified so as not to include any part of the street in defendant’s lot.</p>