Central Pacific Railroad v. Beal

Citations

• 47 Cal. 151

Syllabus

<p>Use-of Technical WobdinaDeed.—Whenever it is apparent that a grantor in a deed has used a technical word to express an idea different from its technical signification, a Court will give it the construction intended by the grantor.</p> <p>Constettction of Wobds used in a Deed.—M. deeded to F. certain lots, and described them as the lots ‘ described in and conveyed by” a former deed from S. to M. The former deed described the lot, but did not convey it, as S. had then no title, but M. had after the former deed was given, acquired title from B.; Held, that by the words “ described in and conveyed by ” the grantor, meant to convey to F. the lands which he then owned, and which the former deed described and purported to convey.</p> <p>Deed of Lots which bemain Unsold.—A deed which conveys the lots of the grantor which remain unsold, cannot be construed to include in the number sold a lot which the grantor had quitclaimed to a third party before he had acquired the title to it</p>