Hall v. Shotwell

Citations

• 66 Cal. 379
• 5 P. 683
• 1885 Cal. LEXIS 447

Syllabus

<p>Deed—Description—Uncertainty.—Where, in a deed conveying a given quantity of land, there is not sufficient certainty in the other terms of its description, the number of acres is an essential part of the description.</p> <p>Id.—Stream as Boundary Line—Location in Square.—If a deed conveys a given quantity of land, and describes it as bounded on a stream on one side, starting at a given point and running along the stream, without specifying the length of the line, the required quantity of land is to be located by following the meanderings of the stream from the point named, until, reduced to a straight line, the straight line will be of sufficient length to form a square which would contain the required quantity; and thus, from the ends of this straight line, projecting lines at right angles with the same to such distance as a line drawn from one to the other, parallel with the straight line, will include the required quantity between it and the stream.</p> <p>Id.—Mortgage—Exception—Sufficiency oe Description.—A mortgage of land excepted from the operation thereof a certain tract described as “ two hundred acres at Embarcadero of San Antonio, which are situated as follows : lying on the south side of the creek that empties into the bay at the said Embarcadero, which creek shall be the northerly line of said two hundred acres; and the Bay of San Francisco (the estuary of San Antonio) being the westerly line, and the said two hundred acres to be in a square form. Held, that the description was sufficient for the purpose of location.</p>