Hayes v. Wetherbee

Citations

• 60 Cal. 396
• 1882 Cal. LEXIS 475

Syllabus

<p>Construction of Deed—Description of Land.—P. the owner of an undivided. tenth part of a tract of land executed to S. a deed containing the following description of the property conveyed: “All of the grant- or’s right, title and interest in the following described property, viz: One half interest in that right, title and interest of the party of the first part in and to an undivided one tenth part of that certain tract or parcel of land,” etc. S. executed a deed to T. containing the following description: “All his right, title, interest, etc., in the following property, to wit: One half interest in that right, title and interest of the party of the first part in and to an undivided one tenth part of that certain tract or parcel of land,” etc.</p> <p>Held: The latter deed conveyed an undivided one half only of the interest of S.—that is to say an undivided one fortieth of the land.</p> <p>Id.—Id.—It is a principle in the construction of releases, and the reason of the rule extends to grants and conveyances of land, that a release in general words shall be restrained to the particular occasion; and that where there are general words alone in a deed of release, they shall be taken most strongly against the releasor; but when there is a particular recital in a deed, and then general words follow, the general words shall be qualified by the particular recital.</p> <p>Findings—Additional Findings—Jurisdiction.—The Court filed its findings July 12, 1877, and on the thirty-first of July, 1877 (prior to the entry of judgment) filed additional findings reciting that having through inadvertence failed to find upon all the issues herein—it now of its own motion made and filed the additional findings. Held: The additional findings were not improperly filed.</p> <p>Id,—Id.—Id.—Case Distinguished.—Baggs v. Smith, 53 Cal. 88, distinguished.</p>