Muller v. Boggs

Citations

• 25 Cal. 175

Syllabus

<p>Findings of Fact by a Referee.—Where a cause is tried by a referee, and the testimony is conflicting, the Supreme Court will not disturb his findings of fact.</p> <p>Construction of a Deed.—Where a deed conveys a tract of land by name and description, and then excepts from its operation certain parcels of the tract, and the language of the exception leaves it doubtful whether it was the intention of the grantor to except a particular parcel, the deed must be construed most favorable to the grantee, and the doubt resolved in his favor.</p> <p>Deputy—Power of.—Where the statute confers on an officer power to appoint a deputy, but does not prescribe the duties of the deputy, the deputy has full power to do any and all acts which his principal may perform by virtue of his office.</p> <p>County Recorder—Deputy of. — A Deputy County Recorder, appointed under the provisions of the Act concerning County Recorders, of the 26th of March, 1851, had power in the name of his principal to take and certify acknowledgments of deeds.</p> <p>Same.—The ninth section .of said Act, enabling the deputy to perform the duties of Recorder in case of a vacancy in the office, or the absence or inability of the Recorder to perform his duties, is an enlargement of and not an abridgment of ' the powers of the deputy.</p> <p>County Recorders.—The powers conferred upon County Recorders by the Act of March 26th, 1851, to take and certify acknowledgments of deeds, is an incident of the office, and not personal to the incumbent.</p> <p>Deed.—The words tc grant, bargain, sell, and convey,” in a deed, operate not merely to release, but to transfer any interest which the grantor had in the land at the date of the deed.</p> <p>Tenants in Common—Rents and Profits.—Where one tenant in common obtains judgment against a stranger for the possession of the entire premises, he cannot recover all the rents and profits, but only a proportion thereof corresponding to his interest in the land.</p> <p>Same.—If, i