Garwood v. Hastings

Citations

• 38 Cal. 216
• 1869 Cal. LEXIS 141

Syllabus

<p>Pleading.—The allegation in a complaint that, the plaintiff “is the owner” of the land sued for, is, in substance, an allegation of seizin in fee, in “ ordinary,” instead of in technical language.</p> <p>Desckietion op Land.—A description is not defective which calls for a lot of land one hundred varas square, bounded on three sides by well known streets, upon the plat of a city laid out, surveyed and platted, and. on the other by the unsurveyed lands.</p> <p>Alcaldes’ Recobds op Gbants, etc.—Certified copies of instruments found in the books of records of deeds, etc., kept by Alcaldes, and which have been transferred to the custody of County Becorders, are admissible in evidence under the same circumstances as are certified copies of records made by the Recorders themselves. Spbague, J., dissenting.</p> <p>Book “K” of Deeds, in Office of Becobdeb of San Francisco.—Certified copies of instruments recorded in Book “K” of Deeds, in the office of the Becorder for the City and County of San Francisco, are admissible in evidence without proof of the execution of the originals. Spbagüe, J., dissenting.</p> <p>Touchard v. Keyes (21 Cal. 203), and Anderson v. Kish (36 Cal. 625), commented on, and approved.</p> <p>Name of Gbantee in Conveyance. —It is sufficient, in a conveyance, if the grantee is denominated by the customary name at the time of the execution of the instrument—no matter what might be the true name.</p> <p>Tax Sales.—-A party against whom a tax is levied cannot obtain any title to property, by purchase of it at a sale for the payment of the taxes which he should have discharged.</p> <p>Assessment fob Taxes.—An assessment is void if there be no valuation.</p> <p>Presumption of Death.—That a person has not been heard of for seventeen years by his wife, is sufficient to justify a presumption of his death.</p> <p>Per Sfbaqüe, J., dissenting:</p> <p>Bule of Evidence.—The best evidence of which the case, in its nature, is susceptible, must always be produced.</p