California Court of Appeal

In an action to quiet title arising out of a boundary line dispute, judgment for plaintiff is affirmed over claims that the trial court erred in: 1) determining that the disputed boundary line follows the line of a gulch rather than a straight line as depicted on the townsite plat prepared pursuant to Statutes of 1867-1868, chapter 523; 2) not adhering to the plat depiction; 3) using the original surveyor's field notes pertaining to the parcels as a basis for its finding; and 4) admitting extrinsic evidence to resolve a claim of ambiguity in those field notes.

Appellate Information

• Decided 08/12/2008
• Published 08/12/2008

Judges

• BUTZ, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Kroloff, Belcher, Smart, Perry & Christopherson, Kathleen M. Abdallah, Stockton, for Defendant and Appellant., Law Offices of Kenneth M. Foley, Kenneth M. Foley, San Andreas, for Plaintiff and Respondent.