Los Angeles daily herald., 1888-01-14
DAILY HERALD,
VALUABLE DECISION
ny Judge Ross, Of the United
States District Court.

SS3eGS DABtI1Ct OO0Hes
The following interesting decision
by Judge Ross, Of the United States
Court, in the case of Hughes VS.. Cav
thorn, is presented:
In the Circuit Court of the United
States, North Circuit, Southern Dis
trict OF California. Hughes vs.. Cav
thorn, No. 90.
There is but a single question il
this case, and that relates to the
boundaries OF the Rancho Tujunga, 6
Mexican grant, confirmed and pat
ented by the Government of the
United States. At the trial it was
conceded by the respective parties
that ii the land in controversy is to be
south of the northerly line of the
rancho the plaintiff is entitled to re-
cover, otherwise not. There is nc
dispute in respect to the starting
point OF the Tujunga, which is also the
third. station of the adjoining rancho
ex-mission of San Fernando, and is
situated at the mouth of a canada on
the south base of the San Fernando
Mountains. From this point of the
beginning the line, according to the
patent, runs along the base of the
San Fernando Mountains given
course and distance to the stake sta
ton; thence a certain other course
and distance to stake station; thence
a certain other course and distance to a
stake station; thence certain other
course and distance to a stake station
on the south base of mountain, OPP
posite which point, it is declared, the
Tuiunga valley, bearing east and west,
is about fifty chains wide; thence a
certain other course and distance to a
stake station; thence certain other
course and distance to "a sycamore
six inches in diameter marked T.
Station" thence ''south IL Q As east,
eleven chains to Tujunga creek, 20
links wide, course west, thirty-three
chains to a stake station" thence
"south 40 80 east, at seven chains
across dry arroyo, 80 links wide,
course west, thirty-seven chains to a
stake station thence ''south % Q
east, ninety-six chains to stake sta
ton: ;" thence south 80 Q east, ninety
six chains to gray granite rock,
eighteen inches long, twelve inches
wide and two inches thick, station, on
the southwest slope of high noun
tain :" thence etc.
That there is mistake somewhere
in the description, is admitted on both
sides. If, commencing at the starting
point, the line be run according to the
course and distances given, it will not
follow the base of the San Fernando
mountains, as in the patent it is de-
clared to do, but so far defects into
the valley as that when station six
is reached it is fixed at a point
not, as declared in the patent, on the
south base of mountain, but IS
chains therefrom, in the valley, and
within 100 feet OF the Tujunga Creek,
and opposite which point the Tu-
junga Valley, bearing east and west,
is not, as stated in the patent, about
fifty chains wide, but thirty five
chains only.
Still following the courses and dis
tances given in the patent, the line
between stations and continue in
the valley, crossing to the south of the
creek, and between stations 7 and s,
crosses the same creek twice.
As shown in the plan Of the rancho
annexed to the patent and forming
part of it, the line from station to
station 8, follows the mountains and
does not cross or touch the creek at
all.
In running from station to sta
ton 9 the line, according to the de.
scription given in the patent, at elev-
en- chains crosses the Tujunga creek,
course west, 20 links wide, and in
running from station 9 to station 10,
at seven chains crosses dry arroyo |
so links wide; and the plat annexed |
to the patent so represents it.
Continuing the course and dis |
tances as given in the patent to sta
ton II, that point is found not as |
declared in the patent, on the south
west slope of high mountain at a |
gray granite rock, but far out in the |
valley, about eighteen chains from a |
gray granite rock, which, according |
to the testimony in the case, is found |
on the southwest slope of a mountain,
and which is one of the boundaries of |
the adjoining Rancho La Canada, and
a point from which the adjoining Gov |
land was surveyed. OF the |
rock in question, Lecouvreur, the sur
veyor who made the survey of the |
Rancho La Canada about the year
1878, said at the trial: cit was very
conspicuous rock, and it was naturally |
such as a surveyor would take as a |
boundary mark, because there were
no large rocks to be seen there any
where"
The evidence shows that this rock |
has for many years been recognized
by the people in the neighborhood as |
a common point in the boundaries OF |
Ranches Tujunga and La Canada, and
that it was SO recognized by the Gov
eminent surveyors in making the |
survey of the Government land
in the vicinity, is beyond dispute |
Narway, the United States Deputy. |
surveyor who made the survey of the |
land, testified on the |
trial of the case to the effect that,
when he did so, which was number |
of years ago, he ran from the gray |
SIdultC IOSh Ill 4dOooiOh OelCh W |
Station II of the Tujunga, and there
found the old monument and thus sat
isfied himself of the true location OF
the rock.
But what to my mind conclusively
establishes that the gray granite rock
referred to in the evidence, is the
gray granite rock described in the |
patent, and at which station IL Of the
Tujunga is thereby fixed, is, that by |
accepting that as station IL reversing |
the courses and bitches the line so |
run answers all of the natural calls of |
the patent and conforms to the plat of |
the survey therein embodied. 1t is
true that at eleven chains to the |
southeast OF station S,as thus located,
the Tujunga creek is not now found,
nor is there now at that station syc-
amore tree. But the evidence shows
that the Tujunga creek is changea-
BILE stream, discharging in the rainy
ca q cor, tromapdO1a volunas of watar