Eshleman v. Malter

Citations

• 101 Cal. 233
• 35 P. 860
• 1894 Cal. LEXIS 1014

Syllabus

<p>Deeds—Description—Subdivision op Excessive Government Section— Pro Rata Division.—Where the description in a deed calls for a legal subdivision of a section of surveyed land, the four corners of which are-established with reasonable certainty, but the quarter-section corners are lost, and the section exceeds six hundred and forty acres, the division lines of the fractions of the section are to be determined by a division pro rata of the lines of the section as they appear upon the ground.</p> <p>Quieting Title—Improvements—Immaterial Averment in Answer— Finding Not Required.—In an action to quiet title, where the plaintiff’s ownership of the land in controversy is established, an averment in the answer that the defendant made valuable improvements upon the land while in possession thereof is immaterial, and a finding thereupon is not required.</p>