Martin v. Lloyd

Citations

• 94 Cal. 195
• 29 P. 491

Syllabus

<p>Quieting Title — Burden of Proof. — In an action to quiet title, the plaintiffs are called upon to show title in themselves.</p> <p>Deed—Exceptions—Description of Excepted Premises—Name of Excepted Place — Reference to Contract of Sale — Boundary by Road. — Where a deed excepts land contracted to be sold to third parties, and describes the land excepted by name, and also specifies a boundary as extending to the southwest corner of land situated on the east side of a road, “thence N. to Graveyard barranca,” and the contract of sale referred to describes the land by the same name, and bounds it on the east by the road, and by a continuation of the west line thereof northerly to the barranca, the exception must be construed as conforming to the description in the contract, and to the actual boundaries of the place named, and not as describing a due north line, regardless of the road as a boundary.</p> <p>Id. — Meaning of “North.” — Assuming that the letter “N.,” in the exception of the deed, stands for “north,” such word means “due north” only when that construction is necessary for certainty, or when there is nothing else to show that it was not used in that strict sense.</p> <p>Id. — Intention of Parties. — The intention of the parties is the main thing to be ascertained; and when the language used is not absolute, it must be construed with reference to the situation of the parties, and the character and condition of the subject-matter of the contract.</p> <p>Id.—General Description — Certainty—Control of Uncertain Particular Description. — When a general description is certain, and a particular description uncertain, the general description must prevail; and an exception of a place by name shows the intent of the parties to except the actual place named, and not by an uncertain description of boundaries to limit the actual boundaries of the excepted place.</p> <p>Id.—Reservation Construed Favorably to Grantor—Irreconcilable Parts of Grant. •—■ A reservation in a