Banks v. Moreno

Citations

• 39 Cal. 233

Syllabus

<p>Opinions of Covets__Dicta.—In construing judicial decisions, that only is held to be authoritatively decided which was necessarily involved in the decision of the cause.</p> <p>Mexican Gbants.—Descbiption of the Land.—To constitute a complete and perfect grant to a specific parcel of land, it must, in some method, appear on the face of the instrument, or by the aid of its descriptive portions, not only that a specific parcel was intended to be granted, but it must also be so described that the particular tract, intended to be granted, can be identified with reasonable certainty.</p> <p>Idem.—Where there is nothing in the grant, nor in any of the documents to which it refers, by which to fix the lines of one of the sides of the tract intended to be granted, or to determine the particular quantity, the concession does not confer upon the grantee a perfect title to any specific parcel of land.</p> <p>The case of IBnturnr. Browei- (24 Cal. 644) and United States v. Peralta (19 How. 340), commented on and explained.</p>