Olsen v. Rogers

Citations

• 120 Cal. 225
• 52 P. 486
• 1898 Cal. LEXIS 739

Syllabus

<p>Ejectment—Boundary of Lot—Reference to Map—Evidence—Survey and Diagram of Rear Lot—Conveyance of Other Lots.—In an action of ejectment, which turned upon the location of the disputed southern boundary of a city lot, and in which the plaintiff deraigned title through a deed referring to a map whereon the numbered lot claimed by plaintiff was delineated as fronting on a certain street, and as being twenty-five feet in front and rear and the fifth lot northerly from a certain avenue, and as adjoining another lot in the rear fronting on a parallel street, and located within the extension of the north and south lines of plaintiff’s lot, evidence of a survey and diagram of such rear lot, showing the distance of its southern boundary from such avenue, and also a conveyance from the same grantors of the other four lots lying between plaintiff’s lot and such avenue, describing them as being each twenty-five feet in width in front and rear, are admissible and relevant to indicate the distance from the avenue of the southern boundary of plaintiff’s lot.</p> <p>Id.—Admission of Map without Objection—Concession of Genuineness— Improper Motion to Exclude.—Where plaintiff’s deed referred to a map for description and not to a record of the map, and the map referred to, when offered in evidence, was conceded to be the genuine original map, and was admitted without objection, a subsequent motion to exclude it was properly denied.</p> <p>Id.—Block Books fbom Assessob’s Office Inadmissible.—Where the defendants did not claim to have paid taxes on any other lots than those claimed by them and the assessment-roll showed that their lots were simply assessed by number and with reference to the same map referred to in plaintiff’s deed, without giving metes and bounds or specifications of any kind, the block-books from the assessor’s office are irrelevant and inadmissible upon any issue relating to the disputed boundary between the lots of plaintiff and defendants.</p>