This is an appeal by Thomas B. and Lela Beers, husband and wife, the defendants in intervention from a decree quieting title to the real property in question in the County of Butte, the plaintiff in intervention.
In 1882 John Bidwell, by quitclaim deed, conveyed to the county a narrow parcel of land along the Sacramento River comprising approximately 11 1/2 acres. It is bounded by what is now Sutter Avenue on the east, the Sacramento River on the west, and Chico Creek on the south. The deed contained the following language: "Said land is to be used for the sole use of a road to the Bridge and when it shall cease to be so used, or shall be used for any other purpose it shall revert to the party of the first part." Additional reservations were set forth therein prohibiting the construction of buildings, the sale or gift of intoxicating liquor, the commission of waste and the cutting or clearing of timber or brush except as required for the road. Over the intervening years the Sacramento River gradually changed its course to the west and as a consequence the particular parcel now has been enlarged by such natural accretion until it contains approximately 30 acres of land. Sutter Avenue, which has been used continually for road purposes during this entire period is approximately 60 feet wide and runs along the easterly portion. The total area actually used as a roadbed is approximately 2 1/2 acres. In 1900 John Bidwell died, leaving all of his property to his wife, Annie Bidwell. In 1908 she conveyed all of the parcel here in question, excepting the 2 1/2 acres constituting the actual roadbed, to the State
In 1947 Ralph and Stella Shultz, husband and wife, instituted a quiet title action against Thomas B. and Lela Beers, husband and wife. It appears that Stella and Lela are sisters, being the daughters of one Joseph Webster, who has been involved in proceedings concerning the same property for many years. Upon the hearing in that proceeding and after its submission, the trial judge ordered the submission set aside and the case reopened to permit the county of Butte to intervene. Ultimately the county filed its complaint in intervention by which it sought to quiet title to the same property; the main issues in that case being the county and the Beerses; the other defendant interveners did not appear. Following the entry of judgment for the county quieting its title to the property the Beerses appealed, contending that they acquired title thereto by adverse possession dating from 1939. Their claim is to the entire parcel, except the 2 1/2 acres actually used for road purposes. Their argument in support of their contention is that by the use of the particular wording in the deed of 1882 as heretofore quoted, Bidwell manifested an intention to convey only so much of the land as would be used solely as a roadway and which in fact was so used; and that therefore that which was not so used was reserved to the grantor or reverted to him by nonuser, and hence was subject to the adverse possession of defendants.
We cannot agree with appellants' interpretation of the deed.
Thus it appears that Bidwell by the specific conditions expressed in the deed evidenced a clear intent to reserve to himself and his successors the right to terminate the estate granted upon the breach of any of the expressed conditions.
Again turning to the record before us we find it to be wholly barren of any evidence of breach of any of the conditions imposed by the deed or of any evidence that the grantor or his successors entered or terminated the estate for any breach of any condition.
Since the further contentions of appellants are predicated upon the correctness of the issues raised in their first contention, our conclusion in that regard makes unnecessary any consideration of those contentions.
The judgment is affirmed.
Van Dyke, J., and Schottky, J. pro tem., concurred.