Moody v. Palmer

Citations

• 50 Cal. 31
• 1875 Cal. LEXIS 78

Syllabus

<p>Land Bounded on a Street.—Land described in a deed as bounded by a public highway or street will be considered as bounded by the centre of the street, unless it clearly appears that it was intended to make the side line of the street a boundary, instead of the centre.</p> <p>When Deed Conveys Land to Centre op a Street.—A deed which bounds one side of the land conveyed, as extending five hundred feet to a street or avenue, and thence at right angles along the street or avenue one hundred and twenty feet to the place of beginning, conveys the fee of the land, subject to the public easement, to the centre oí the street or avenue, even if the five hundred feet extended only to the side of the street or avenue, and the one hundred and twenty feet passed along its side; and when the street ceases to be used as such, the grantee owns the land free of the easement.</p> <p>Idem.—In such deed it does not clearly appear that the side line, and not the centre line of the street, was intended to be the boundary.</p> <p>Consteuction on a Deed.—It is the province of the court to construe a deed received in evidence.</p>