Irving v. Cunningham

Citations

• 58 Cal. 306
• 1881 Cal. LEXIS 212

Syllabus

<p>New Trial—Discretion of Court—Construction of Deed.—A deed described the northern boundary of a tract of land as “a line drawn from a point two hundred varas south of a house occupied by a squatter named Espejo, and passing to a point at a small creek (un arroyito) about two hundred varas south of the house now occupied by” the grantor. There were at the time of the execution of the deed, and still are, two creeks, each of which had a name, the one—called the School House Creek— more than five hundred varas, and the other—called the Alta Creek—• more than one thousand eight hundred varas to the south of that house. There was also evidence tending to prove that there was at the time of the execution of the deed, a small arroyo about two hundred varas south of the house, traces of which still remain.</p> <p>Held, that the deed was to be construed as referring to the small creek or arroyito formerly existing two hundred varas south of the house.</p> <p>Id.—Id.'—Where the decision is against the weight of the evidence, it is the duty of the Court to grant a new trial. So held where a new. trial was granted by the Superior Court in a case tried in the District Court.</p>