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(DOWNLOAD) "Chapman V. Sky L'onda Mutual Water Co." by First Appellate District, Division One District Court Of Appeal Of California # eBook PDF Kindle ePub Free

Chapman V. Sky L'onda Mutual Water Co.

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eBook details

  • Title: Chapman V. Sky L'onda Mutual Water Co.
  • Author : First Appellate District, Division One District Court Of Appeal Of California
  • Release Date : January 25, 1945
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

This action in ejectment was instituted by plaintiff Frank F. Chapman, against the Sky L'Onda Mutual Water Company to oust that company from three acres of land in San Mateo County, used by the defendant for many years as reservoir sites. Subsequent to the trial Chapman died and his executor and executrix have been substituted as plaintiffs. The defendant claims an easement by adverse possession and also urges that, because of Chapman's conduct, plaintiffs are estopped to assert a right to possession. Chapman's legal title to the property was admitted by the pleadings. The trial court determined that the defendant water company has an easement by prescription  to maintain reservoirs, pumps and pipe lines on the land in question, and that plaintiffs are estopped by reason of Chapman's conduct to assert any right to possession. From this judgment plaintiffs appeal, contending that the evidence shows, without contradiction, that the use by the corporation was permissive, and that the finding of estoppel is totally unsupported by the evidence.


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