Dent v. Bird

Citations

• 67 Cal. 652
• 8 P. 504
• 1885 Cal. LEXIS 719

Syllabus

<p>Deed—Constbuction—Pabol Evidence.—In an action to quiet title, the defendants offered in evidence a deed which purported to convey a tract of land including the premises in controversy, but contained no mention of the quantity of land embraced therein. The plaintiff objected to the introduction of the deed, and to sustain his objection offered to prove by parol that at the time the deed was executed, the tract was supposed to contain a less quantity of land than it actually did, and that the deed was not intended to convey the lan d in con troversy. Meld, that the evidence offered by the plaintiff did not go to the admissibility of the deed, but to its effect, and that the terms of the deed could not be varied or contradicted by such evidence.</p>