Los Angeles daily herald., 1888-01-14

nOrthorly from the TuJunga canon, In
some of which, similar in all respects
to that in which station is thus To-
Gated, sycamore trees are now stand
ing and growing, and in some OF
which stumps of others that have
been cut down are still standing
and two witnesses, whose veracity
there is no reason to doubt,
testified that during the trial of
this case they went into the canon in
which, by the reversed courses and
distances from the grey granite rock,
station 8 is located, and about one
hundred yards below the point found
some small limbs and branches Of
sycamore, some OF which were partly
Embedded in sand. They testified
further that the limbs and branches
did not have the appearance of hav-
ing been put in position for a pur-
pose. AS it is matter of common
knowledge, as well as one of evidence
in the present case, that the cutting of
wood in the mountains and cafions
hereabouts is not uncommon, it is not
unreasonable to conclude, if other
circumstances sufficiently combine to
locate station in the cailon in ques-
ton, that the sycamore called for in
the patent at that station, was subse-
quently cut down and that the syca-
more branches above referred to came
from it.
Continuing the reversed courses and
distances from station s, the line runs
along the base of the mountains, as
represented on the plat annexed to
the patent, to station 6, which, as
thus located, answers the calls of
the patent almost exactly. Most
of the witnesses who testified
on the point, testified, and
photograph of the premises introduced
in evidence shows clearly, that station
6, as thus located is at as near the
base of prominent mountain, which
runs out from the range of mountains,
while it is true that the base of
mountain is an indefinite call, yet, at
the point now in question, there is a
very narrow slope to the south-in
width about 800 feet, between the
mountain itself and a somewhat pre-
cipitation bluff, and opposite the point
on the slope where the reversed
courses and distances locate station 6,
the Tujunga Valley, bearing east and
west is just fifty-three chains wide.
think therefore that station 6, as thus
located, we'll answers the call of the
patent which declares it to be son
the south base of mountain, opposite
which point the Tujunga Valley,
bearing east and west, is about fifty
chains wide"
Still following the reversed courses
and distances the line runs along the
base of the San Fernando mountains
to station /. If, however, from sta
ton l the line be run in accordance
with the course and distance given in
the patent, it is found to terminate
a number of chains to the north
Of the acknowledged point
Of beginning. But as that is a well
known and admitted point in the
boundary and as the grey granite |
rock is another point therein we'll and,
think, thoroughly established, and |
as the line, running from the point of |
beginning in accordance with the
courses and distances given does not
conform to single one of the natural
calls, whereas by going to the grey
granite rock and reversing the courses
and distances given all OF the natural
calls are answered, the conclusion l
think is clear that the mistake is in
The first course and distance. But as
The point of beginning is known and
point and station l is fixed
oy the reversed courses and distances
rom the granite rock, agreeing as
hey do with the natural calls, the
course and distance between station l
Ind the point of beginning must give
way and the line be closed by a
traight line drawn between the two
.scertained and known points.
The fact that the mistake is in the
rst course and distance is further
hown by the circumstance that, COM
nencing at the point of beginning and
blowing the course and distance
iven, the line does not as
he patent declares it does, run
long the base of the San Fernando
fountains, but runs into the open val
ey the distance given, and then, still
n the open valley, number of other
nd varying courses and distances,
Without any apparent reason for the
requent changes of course, resulting
n locating station not, as stated in
he patent, on the south base of a
mountain, but in the valley and at
'oint opposite which the Tujunga val
ey is not, as declared in the patent,
bout fifty chains wide, but thirty. five
hains only; whereas by following
he base OF the mountains. as declared
n the patent, the reason for the
hanges of the course are obvious,
icing caused by the meandering of
he mountains, and station is so
ocated as to answer almost exactly
he patent call.
The location of the ranch house in
he field notes is only with respect to
he west line of the rancho, concern
ng which no dispute arises.
My conclusion is that the land in
controversy is within the true lines of
he Tujunga patent and as conse-
uence, that plaintiff is entitled to
Judgment.
If ic ca Ordarad Pocc