San Jose Land Water Company v. San Jose Ranch Company

This was an action brought in 1889 by the Land & Water Company, under the Code of Civil Procedure of California, to quiet the title of the plaintiff and determine the nature of the adverse claim of the defendant to the half of a quarter section of land, which had been sold by the Southern Pacific Railroad Company February 28, 1887, to plaintiff's predecessors in title, as part of its land grant of 1871.

The case was tried in 1890, though the decree was not entered until 1897. The facts found by the court were substantially that the Southern Pacific Railroad Company had accepted the benefit of a land grant made March 3, 1871, to the Texas & Pacific railroad, filed its map of location April 3, 1871, and on August 12, 1873, formed a new corporation, also known as the Southern Pacific Railroad Company; built and constructed a road from Tehachapi pass by way of Los Angeles to Yuma, and selected the land in question under the act of March 3, 1871; that such land was within the place limits of the Southern Pacific, and also within the indemnity limits of a land grant to the Atlantic & Pacific railroad by act of July 27, 1866. This latter company never complied with the terms of the grant, and never built its road.

That on February 28, 1887, the Southern Pacific agreed with two parties named Nolan and Heckenlively to sell them this land, and, after the receipt from the United States of a patent therefor, to deliver them a deed; that by subsequent conveyances, and on August 29, 1888, the right of the grantees became vested in the plaintiff, the San Jos e Land & Water Company; that the land is situated in San Dimas canyon, through a portion of which the San Dimas creek flows; that prior to December, 1883, one Stowell claimed to own a water right in the waters flowing down such creek, the character and extent of which the court did not adjudicate, and about that time entered upon the land and constructed across a portion of it a 12-inch pipe line for the purpose of conducting the water so claimed by him from its point of diversion across said lands to other lands; that prior to July, 1887, the San Jos e Ranch Company, defendant, had, by mesne conveyances, succeeded to the rights of Stowell, and also constructed upon such land, at a point where the waters of San Dimas creek flowed, a brick and cement forebay, sand box, of dam, and laid therefrom across a portion of said land a 14-inch pipe line, both of which pipe lines it claims the right to maintain, but makes no other claim of right to such lands.

Upon this state of facts the superior court entered a judgment in favor of the defendant, which was affirmed by the supreme court. 129 Cal. 673, 62 Pac. 269. Whereupon the plaintiff sued out this writ of error.

Messrs. W. H. Anderson, James Anderson, and Richard Dunnigan for plaintiff in error.

Mr. John S.C.hapman for defendant in error.

Mr. Justice Brown delivered the opinion of the court: