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· 7/9/1895

Hostetter v. Los Angeles Terminal Railway Co.

Citations

  • 108 Cal. 38
  • 41 P. 330
  • 1895 Cal. LEXIS 817

Syllabus

<p>Deed—Vague Description—Conflicting Lines—Statement of Acreage. Where the description of tracts of land by monuments, distances, or otherwise is vague and indefinite, by reason of conflicting lines, or by the omission of a line, or from any other cause, a statement of the acreage is an essential part of the description. •</p> <p>Id.—Boundaries—Natural Monuments—River—Line of Official Bed. Natural monuments are all controlling, and, where it is plainly apparent that a river is called for as a boundary, it would control the calls for distance; but, where it is not clear that the river was intended as & boundary, and the description is satisfied by monuments consisting of the bank and the east line of the official bed of the stream, which corresponds with the distances and acreage given in the deed, the identity of the lot granted is established by taking the east line of the official bed as a boundary line instead of the river.</p> <p>Id.—Construction of Public Grant.—Grants of land by public bodies to private parties are to be interpreted in favor of the grantor.</p>

Judges: Garoutte

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