Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-03-30
IMPORTANT ROAD DECISION.
Judge Van Fleet Decides in Favor @
Pioneer Roads

f1oneer Roads.
! On the ID of October last there was COM
menced in Department Two of the Supe-
rior Court, before Judge Van Fleet. trial
which was of unusual Importance to the
people residing in the eastern portion c.
the county. 1t consisted of three suits be-
ing tried together, being A. N. Plummer,
as Road 0verseer Of District No. 8. against
W. c. Sheldon. 4. 4. Null and Sarah W.
Belcher.
Fhe suits were brought to remove oh
strnciions placed by The defendants within
the lsst few years on what is known as the
Sheldon Grant Line road 1t was an nm
disputed fact that in 1858, shortly after
what is known rs the kleal suryey-a sur
yey made by order or the Probate Court OF
Sacramento county-wss Sled in the Office
of the County Recorder, the Board of SUI
pervlsors appointed viewers TO view out a
road. Shortly afterward lhey reported that
they had viewed out a road on the grant
hne--the line of the Kleal suryey-frorn
the upper Stockton road to the Sacramento
and Jackson road, distance OF about
twelve miles. at that time the whole
country was open and the Board followed
the general direction. or very close to the
kieal survey, up 10 about 1880 In the
mean time survey made by J. e Thomp-
son was recognized by the United States
Government as being the correct surrey OF
the grant line, ana IL differed somewhat
from the kleal survey, throwing the grant
line over into Government land Some of
the parties-land-own above Sheldon
fenced from the road on the Kleal survey.
throwing the road on the Thompson sur
yey, and the road was fenced on the line of
the Thompson survey, above the land now
owned by the defendant Beicher. From
there on the road Was not fenced until
within about four years.
Prior 10 1871 nearly the whole country was
open and there were many roads crossing
in different directions North of the Jack
son road however, the road continued and
is now open on the line of the Thompson
survey from the Jackson road to the old
Hangtown or Placervilie road 1t WAS
claimed by the plaintiff in the case that the
records OF the Board of Supervisors are
sufficiently compleie TO show the establish
ments of u read by proceedings of the Su-
pervisors, but it was claimed that the road
should be opened because OF the same hay
Ing been established ny dedication IL was
shown that there is now a line twenty-four
feet wide between the lands of Mr. Sheldon
and Sir. Null, where the grant line crosses
the Jackson road, but defendants claimed
49,
but because when the fences were built it
was not know exactly where the line of the
Thompson survey ran.
The testimony in the case was interest
ing from the fact that the road being first
Travelled about on its present line since 1858.
II became necessary to establish the lines
of the two surveys 10y The memory OF resi-
dents of that period. and on the part of both
plaintiff and defendants naany witnesses
have Deen introduced who have lived in
that immediate neighborhood from the
year 1850 to this day.
The case was ably prosecuted by District
Attorney Bruner appearing for the plain
tiff and Catlin & Blanchard for the de-
PENDANTS.
Yesterday Judge Van Fleet. in summing
up the testimony, heid that The removal
of the road by consent, and its use for so
many years, with the attendant circum-
stances. made il recognized public high
way. He said that even the defendants,
with the exception of Sheldon, had con-
sented TO the change. He decided that the
fences were a nuisance, an obstruction to
the highway and authorized the Read Over
seer, A. NJ Plunlmer, to have the same e.
moved.
This dec sion cannot fail TO give sstlsfac-
ton TO large number Of people, both in
Sacramento and e. Dorado counties. Ii
will establish a continuous road in
straight line, upwards OF twenty-five miles
in length, connect three great roads Of Sac
ramento couniy-the Sacramento and Pa
cervlle road, known as the old Hangtuwn
road, the Sacramento and jackson road,
known as the jackson road, and the Upper
Stockton road-runniug from point bear
McConnelps, on the Upper Stockton road
TO the Half way House. owned by J L.
Butler, on the old Hangtown rpad.