Redd v. Murry

Citations

• 95 Cal. 48
• 30 P. 132
• 1892 Cal. LEXIS 785

Syllabus

<p>Deeds — Description of Town Lots — Certainty—Reference to Plat — Parol Evidence — Identity of Plat.—A deed of town lots which gives the dimensions of the boundaries thereof, and describes them by the numbers of the lots and block, referring to a plat thereof, is not upon its face void for uncertainty, though the description is not sufficiently certain without production, by one claiming under it, of the plat therein referred to, or of its contents; and parol evidence is admissible for the purpose of identifying a plat offered in evidence as the one referred to in the deed.</p> <p>Id.—Quieting Title—Evidence—Existence of Map—Proof of Identity— References in Chain of Title—Conveyancer from Defendant — Admission. — In an action to quiet title to land, where the deed under which the plaintiff claims title was made by one of the defendants, and refers to a map for a description of the property, such deed is, as against that defendant and his co-defendant claiming under him by a subsequent conveyance, sufficient proof of the fact that there was such a plat in existence at the date of the deed to the plaintiff; and further evidence, tending to show that the property was in fact surveyed prior to the execution of any of such deeds, and that the defendant who was the grantor of the plaintiff had himself, some two years thereafter, produced the map offered in evidence as the plat of the tract, sufficiently identifies the map as the one mentioned in the deed, and entitles it to be admitted in evidence on behalf of the plaintiff.</p> <p>Id.—Map of Addition to Town — Certainty—Absence of Field-notes or Designation — Reference to Natural Monuments — Location of Land. — Where a map of an addition to a town, though unaccompanied by field-notes, and having no signs or letters to indicate the different points of the compass, or any express designation of it as the map of any particular place, yet shows upon its face streets and alleys, and blocks subdivided into lots, and the rela