Murray v. Tulare Irrigation Co.

Citations

• 120 Cal. 311
• 52 P. 586
• 1898 Cal. LEXIS 760

Syllabus

<p>Appeal—Review of Evidence—Conflict.—Where the determinative issues in the case were issues of fact which were decided by the court below, upon conflicting evidence, and there was sufficient evidence to justify the findings made by the court, its action will be affirmed.</p> <p>\Deed—Acknowledgment before One of Several Grantees as Notary— \Validity of Certificate—Proof of Execution.—Though the grantee in a deed cannot take and certify the acknowledgment of his grant- or, and if he does so the certificate of acknowledgment as to him is void, yet where there are several grantees, each taking a separate and defined interest, the deed is to he treated as if made separately to each grantee, and an acknowledgment before one of the grantees is good and sufficient to prove the execution of the deed as to all of them except the party taking it.</p> <p>Id.—Description by Name—Identity of Ditch Property—Disregard of Defects.—Where the ditch referred to in the deed is described both in the complaint and deed by the same descriptive name, and the general particulars as to its head and course are substantially the same, and there was abundant evidence that the ditch was generally known and spoken of by such descriptive name, and there was no evidence that any other ditch in the county had the same name, defects in other parts of the description may be disregarded, and the property described in the deed is sufficiently identified as being the same property described in the complaint.</p> <p>Construction of Findings.—All the findings must he read and construed together in harmony, if possible, so as to justify the conclusion reached by the court.</p>