Fratt v. Toomes

Citations

• 48 Cal. 28

Syllabus

<p>Construction of Deed.—If the owner of a Mexican grant of land makes a conveyance of a part of the same, and, in the deed, describes one boundary oí the land conveyed, as running parallel with the southern line of the ranch “ according to the survey of the same made by the United States Surveyor-General of said State,” and, at the time the deed is delivered no survey has been made and approved by the Surveyor General, but an experimental survey had been made by the Deputy of the Surveyor-General, who had the field notes in his possession, but the grantees in the deed had no knowledge of this experimental survey, the description in the deed will be held to refer to the final survey of tlfe ranch to be thereafter determined by the Federal authorities.</p> <p>Impeled Finding.—When there is no express finding upon an issue, a finding will be implied in support of the judgment, if the findings were filed before the Code of Civil Procedure took effect.</p> <p>Tbansoript on Appeal.—The party appealing, when he relies on the statute of limitations, should see that the transcript shows when the action was commenced.</p>