Los Angeles herald., 1891-07-11
A Batch of Superior and Su-
preme Court Opinions.
The Orphan Asylum Wins an
Important Land Case.
Assessor Hinton Wins a Case Before
Judge Van Dyke.
JudiciaI Definition Of the Word Lot.
Young VS.. Aguirre--A Santa Bar
bara Judge Overruled-Some
Important Matters.

Judge Van Dyke, in department four,
yesterday handed down decision Or
dering findings and judgment for the
defendant in the case of Leonard Labory
VS.. the Los Angeles Orphan asylum, an
action to quiet title to tract of land on
Boyle Heights, on which the asylum
now stands.
The claim of the plaintiff was based
upon that OF Domingo Dominguez, who
conveyed the, tract to Jacques Farney on
March 81, 1860. Pho Pico Afterwards
bought the property and conveyed it to
the plaintiff.
The trustees of the orphan asylum
based their claim to the property on
grants made by the city authorities to
their grantors and predecessors in
interest subsequent to the date of the
Farney deed.
Dominguez lived on portion of the
property in An adobe house, cultivated
the land and fenced portion of it in,
without molestation; but the court
holds that his adverse possession of the
property against the claim of the
pueblo did not give him title to the
land.
The following paragraph appears it
the opinion:
''The court will take judicial notice of
the history OF the country without proof,
but it is in evidence in this case that the
premises in question are within the
limits OF the old pueblo OF Los Angeles
as confirmed and patented to the city of
Los Angeles, the successor of the Span
ish pueblo. The lands held by the pu-
eblo were in trust for the inhabitants
and subject to the control OF the govern
ment in the manner of the disposition OF
such lands. The settlement or occupa-
tion of lands in such town cannot be
said to be adverse possession for the very
purpose and object of the grant to the
town on the part of the government was
to encourage the settlement upon the
land 80 granted in trust to the town, the
town being mere instrument through
which titles pass to the Inhabitants un-
der certain rules to be prescribed to the
political power of the state"
ASSESSOR HINTON SUSTAINED.
Judge Van Dyke yesterday heard ar
gument in the case of the Security Saw
ings Bank and Trust company against
j. w. Hinton, city. assessor, Attorney j.
II. Shankland appearing for the plaintiff
and City Attorney Mcfarland for the
defendant. The bank asked for a re-
straining order to prevent the tax col
lector from entering their premises and
seizing personal property to satisfy un-
paid taxes, claiming that their assess
ment was faulty, inasmuch as they had
not been allowed credit for deposits.
City Attorney Mcfarland argued that
while section 36l7 of the political code
provides that debts due persons within
the limits of the state may be deducted
from the credits, the law provides that
'money deposited in savings banks
shall, for the purpose of taxation, be
deemed an interest in the property of
the corporation, and shall not be as
sessed to the owner" and that therefore
the savings banks have no right to de-
duct their debts from their credits. The
court favored the defense and refused
the injunction.
This year all of the savings banks have
been assessed for all of their credits, ex-
cept mortgages, and the city will be
about $4,000 ahead if it is sustained, and
yesterdays ruling seems to indicate it
will be.
WHAT is "LoT?"
An appeal involving the legal con-
struction OF the word ''lot," as used in q
contract, has recently been passed upon
by the supreme court. The case was
that of the Ontario Land and improve
ment Co. vs.. Bedford ct al, the latter
being the appellants, the ruling of the
upper court reaching this city yester-
day.
The opinion says: '"The word lot
may undoubtedly be so used in a con-
veyance as to mean the entire premises
conveyed, whether such premises con-
sist of farm, or even a block in city.
But the ordinary meaning Of this word
when used with reference to town or
city property is subdivision OF a block.
To hold that block 33 is lot,
would enable the defendants to secure
its release on the payment of the same
sum as is provided for the release Of
1872 part of the adjoining block, 81. !"
the Judgment and order denying motion
for new trial be approved, and that
the order refusing to set aside the sale
of the property directed to be sold by
the judgment, be reversed. The opin-
ion is written by Justice De Haven and
concurred in by his colleagues.
W. H. YOUNG VS.. NJ. G. AGUIRRE.
An opinion was received from the
superior court yesterday affirming the
judgment Of jury in the superior court
of this county in the case of W. H.
Young VS.. M. G. Aguirre. Young sued
for the recovery Of personal property al
legged to have been wrongfully taken
from him by the defendant. Aguirre
justified the taking of the property by
virtue of writ Of attachment against
one Cooke, alleging that the property
belonged to Cooke and was subject to
attachment.
"The opinion says: The two points are
substantially the same and present only a
single question: Does the evidence JUS
tify finding that the transfer was ac-
complished by an immediate delivery
and followed by an actual and continued
possession? The question should be
answered affirmatively, and appellants
claim to the contrary is not sufficiently
plausible to justify a statement of the
evidence here. The judgment and order
should be affirmed"