Aguirre v. Alexander

Citations

• 58 Cal. 21

Syllabus

<p>Contradictory Instructions—Description in Deed—Construction.—A. being the owner of a tract of land, made a conveyance to 0., who conveyed to A. ’s wife. In an action of ejectment, the plaintiff claiming as heir of A., and the defendants as successors in interest of A.’s wife under a mortgage made by her after his death, and a foreclosure—it was admitted that the mortgage and foreclosure deed included the land in controversy, and the questions involved were whether the deed to 0. also included the land, and if not, whether the plaintiffs were barred by the Statute of Limitations, and the court instructed the jury on the first point, at the request of the plaintiffs, that where there is a general description, and a specific description by metes and bounds, the latter must prevail; and, at the request of the defendants, that where land in a deed is well described byname or other general description and there is added by way of reiteration or affirmation a particular description by metes and bounds, which is inconsistent with the general description, the particular description must be rejected. Held, that the instructions of the Court upon this point were contradictory, and judgment reversed.</p> <p>Id.—Id.—Id.—Tenant in Common—Adverse Possession—Mistake in -Deed—Declaration—Evidence.—These subjects discussed in the several opinions of the Judges.</p>