Rea v. Haffenden

Citations

• 116 Cal. 596
• 48 P. 716
• 1897 Cal. LEXIS 594

Syllabus

<p>Findings—Conclusion of Law — Order for Judgment—Appeal—Substantial Right not Affected.—An order for judgment in accordance with the findings of fact is a sufficient conclusion of law to support a judgment npon appeal, where it is evident that any more specific conclusions of law must have been in favor of the party for whom judgment was ordered; and, in such case, the absence of more specific conclusions is not an error or defect affecting any substantial right for which the judgment should be reversed.</p> <p>Mortgage—Description of Land—Survey of Mexican Grant—Reference to Government Sections —• Map. — Although the government authorities do not survey and subdivide lands within a Mexican grant, and there can be no government section of land not established under authority of the United States, yet the owner of a Mexican grant may have the same surveyed and subdivided in the same way as if the grant was part of the public domain; and, where this is done, a mortgage of land may describe it by the subdivisions thus established, and it is not essential that the map of such survey should be referred to specifically in the mortgage.</p> <p>Id.—Definiteness of Description—Identification.—It is only necessary that the description of premises in a deed or mortgage shall be sufficiently definite and certain to enable the land to he identified; and it is sufficient if it is possible from the whole description to ascertain and identify the land intended to be conveyed or mortgaged.</p>