Oglesby v. City of Santa Barbara

Citations

• 119 Cal. 114
• 51 P. 181
• 1897 Cal. LEXIS 864

Syllabus

<p>Injunction—Action to Restbain City feom Gbading Lands of Plaintiff-Dispute as to Location of Stbebt—Pbima Facie Evidence—Bubden of Pboof—Showing to Wabbant Reveesal.—In an action to restrain a city from entering upon the lands of plaintiffs for the purpose of grading a street, where there is evidence tending to show that plaintiffs had both title and possession of the disputed strip, over which the city claimed that the street should he located, and that the street as actually located and used by the public for more than twenty years, was an open street of sixty feet in width, by which plaintiff’s lot was bounded, and on both sides of which lots were fenced in during that period, the burden is on the city to overcome such prima facie evidence of title in plaintiff to the disputed strip of land, by clear proof of the title of the city thereto, and such proof must be uncontradicted by plaintiff’s evidence, in order to warrant reversal of a judgment for the plaintiffs.</p> <p>. In.—Conflicting Evidence—Lines of Stbeet Established by Subvey— Subsequent Subvey—Findings—Appeal.—Where the evidence is conflicting as to the true original location of the street in controversy, but there is evidence tending to show an actual survey of the street by the town surveyor, taking the admitted base and initial point of the original survey, and that the fences and improvements on both sides of the street were made in accordance with such survey, leaving the street of full width, proof of a subsequent survey by another town surveyor, showing a different location of the street, only raises a conflict of evidence, and a finding of the court as to the correctness of the prior survey, having support in the evidence, cannot be disturbed upon appeal.</p> <p>Id.—Two Methods of Subvey—Pbovince of Coubt.—The court, having the facts before it as to two methods of ascertaining the lines of the street, had the right to judge as to which method of survey was the most satisfactory, and nearest in