MARKS v. WHITNEY

Docket No. S.F. 22566.

6 Cal.3d 251 (1971)

491 P.2d 374

98 Cal. Rptr. 790

LARRY H. MARKS, JR., Plaintiff, Cross-defendant and Respondent, v. PETER D. WHITNEY et al., Defendants, Cross-complainants and Appellants; JEAN MARKS, Cross-defendant and Respondent.

Supreme Court of California. In Bank.

December 9, 1971.


Attorney(s) appearing for the Case

COUNSEL

Albert M. Monaco and Heller, Ehrman, White & McAuliffe for Defendants, Cross-complainants and Appellants.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Charles A. O'Brien, Chief Deputy Attorney General, Jay L. Shavelson, Assistant Attorney General, N. Gregory Taylor, E. Clement Shute, Jr., Phillip G. Samovar, Deputy Attorneys General, William C. Simmons, J. Bert Morgan, Phillip S. Berry, R. Frederic Fisher and Lillick, McHose, Wheat, Adams & Charles as Amici Curiae on behalf of Defendants, Cross-complainants and Appellants.

Myers, Praetzel & Pierce and Wallace S. Myers for Plaintiff, Cross-defendant and Respondent and for Cross-defendant and Respondent.

Pillsbury, Madison & Sutro, Noble K. Gregory, Allan N. Littman and John T. Hansen as Amici Curiae on behalf of Plaintiff, Cross-defendant and Respondent and Cross-defendant and Respondent.


OPINION

McCOMB, J.

This is a quiet title action to settle a boundary line dispute caused by overlapping and defective surveys and to enjoin defendants (herein "Whitney") from asserting any claim or right in or to the property of plaintiff Marks. The unique feature here is that a part of Marks' property is tidelands acquired under an 1874 patent issued pursuant to the Act of March 28, 1868 (Stats. 1867-68, ch. 415, p. 507); a small...

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