Lick v. O'Donnell

Citations

• 3 Cal. 59

Syllabus

<p>A deed for “ one-half of my lot,” accompanied by proof that the grantor owned at the time but one lot in the place, is not void for uncertainty in the description.</p> <p>But if such deed is not void, it can only convey an undivided half of the said lot, and the grantee can only take as tenant in common with the grantor.</p> <p>One tenant in common cannot sustain an action of forcible entry and detainer against another, for holding over. He must first resort to a court of equity for a partition of the bond in dispute.</p>