Hughes v. Cawthorn

• Decision Date: 09 January 1888
• Citation: 35 F. 248
• Court: U.S. District Court — Southern District of California
• Parties: HUGHES v. CAWTHORN.

35 F. 248

HUGHES v. CAWTHORN.

United States Circuit Court, S.D. California.

January 9, 1888

Wells Van Dyke & Lee, for plaintiff.

Williams & McKinley, for defendant.

ROSS J.

There is but a single question in this case, that relates to the boundaries of the Rancho Tujunga, a Mexican grant, confirmed and patented by the government of the United States. At the trial it was conceded by the respective parties that if the land in controversy is to the south of the northerly line of the rancho, the plaintiff is entitled to recover; otherwise not. There is no 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 beginning, the line, according to the patent, runs along the base of the San Fernando mountains a given course and distance to a stake station thence a certain other course and distance to a stake station; thence a certain other course and distance to a stake station; thence a certain other course and distance to a stake station on the south base of a mountain, opposite which point, it is declared, the Tujunga valley bearing east and west, is about 50 chains wide; thence a certain other course and distance to 'a sycamore six inches in diameter, marked 'T 8 station;" thence 'south 11 degrees 45 feet east, eleven chains, to Tujunga creek, 20 links wide, course west, thirty-three chains to a stake station;' thence 'south 47 degrees 30 feet east, at seven chains, across a dry arroyo, 30 links wide, course west, thirty-seven chains, to a stake station;' thence 'south 22 degrees east ninety-six chains to a stake station;' thence 'south 80 degrees east, ninety-six chains, to a gray granite rock, eighteen inches long, twelve inches wide, and ten inches thick, station, on the south-west slope of a high mountain;' thence, etc. That there is a mistake somewhere in this description is admitted on both sides. If, commencing at the starting point, the line be run according to the courses and distances given, it will not follow the base of the San Fernando mountains, as in the patent it is declared to do, but so far deflects into the valley as that, when station 6 is reached, it is fixed at a point, not, as declared in the patent, on the south base of a mountain, but 18 chains therefrom in the valley, and within 100 feet of the Tujunga creek, and opposite which point the Tujunga valley bearing east and west, is not, as stated in the patent, about 50 chains wide, but 35 chains only. Still following the courses and distances given in the patent, the line between stations 6 and 7 continues in the valley, crossing to the south of the creek, and between stations 7 and 8 crosses the same creek twice. As shown on the plat of the randho annexed to the patent, and forming part of it, the line from station 6 to station 8 follows the mountains, and does not cross or touch the creek at all. In running from station 8 to station 9 the line, according to the description given in the patent at 11 chains crosses the Tujunga creek course west, 20 links wide; and in running from station 9 to station 10, at seven chains crosses a dry arroyo 30 links wide; and the plat annexed to the patent so represents it. Continuing the courses and distances as given in the patent to station 12, that point is found, not as declared in the patent, on the south-west slope of a high...