Haley v. Amestoy

Citations

• 44 Cal. 132
• 1872 Cal. LEXIS 166

Syllabus

<p>Entry of Judgment before Ruling upon Exceptions.—The entry of a judgment before overruling exceptions which have been taken to the findings, does not vitiate the judgment.</p> <p>Construction of Deed—Description by líame.—Where, in an action of ejectment, the plain tiff claimed under a deed which described the land * by name, as “ all the undivided two thirds of all the lands known by the name of Rancho de San Vicente, situate in the County of Los Angeles and State of California,” and then added a particular description which was erroneous : Held, that the deed was intended to convey two thirds of the whole rancho, however erroneous the particular description might be.</p> <p>Idem.—When there are two descriptions in a deed, one of vdiich describes the premises conveyed generally by name, and the other gives a particular description by metes and bounds, which is erroneous and does not cover all the land contained in the first, the latter will be rejected.</p> <p>Idem.—A tract of land which has a well known name may be described by that name in a deed.</p>