Israel v. Collins

Citations

• 3 Cal. Unrep. 753
• 31 P. 1126

Syllabus

<p>Quieting Title—Description.—In an Action to Quiet Title, plaintiff described the land in question as “the west eighty acres of Pueblo lot numbered 1258, according to the Pasco map of the city of San Diego.” As evidence of her title, plaintiff introduced a deed from the city, from which both parties claimed, wherein was conveyed to her a lot described as “being that lot of land containing eighty acres, and situate north of and immediately adjoining the eighty-acre lot granted to P.” Plaintiff attempted to prove the location of the lot granted to P., but the only evidence of such grant was an entry in the official books of the city, showing that her petition for a lot had been filed, and the maps put in evidence were such that only a hazardousj guess could be arrived at as to the location of the lands she had petitioned for. Plaintiff also put in evidence, in proof of a subsequent grant which it was claimed was made to amend the description of the land in the former deed, a resolution of the city’s trustees that eighty acres of land out of the western part of Pueblo lot No. 1258 be deeded to plaintiff, the same having been sold her by a former board, and a deed given without a proper description of the land. The resolution was signed by one of the trustees and the secretary of the board, and the trustee testified that he signed and acknowledged a deed pursuant to the resolution, but did not deliver it, as others were to sign it, and he did not know what became of it. It appeared that the deed was never delivered directly to plaintiff, and that neither she nor her husband ever saw it or had actual possession of it. No offer was made to prove its contents except by the resolution of the trustees. Plaintiff was never in possession of the lot which she claimed, and never improved it. Held, that she was properly nonsuited.</p>