Reed v. Spicer

Citations

• 27 Cal. 57

Syllabus

<p>Description of Land in a Deed.—If a deed recites two descriptions of the property conveyed, one of which sufficiently identifies the property, while the other is false in fact, the false description should be rejected as surplusage.</p> <p>Deed of a Ditch.—A deed conveying a right of way upon land, in, to, and for a ditch called the Mountain Brow Ditch, is a conveyance of the ditch itself.</p> <p>A Ditch not an Basement.—A ditch used for the conveyance of water for mining purposes is not a mere easement or incorporeal hereditament.</p> <p>Sale by Tenants in Common.—If two persons own a tract of land as tenants in common, and one of them conveys to a .third person a ditch crossing the same, and the other afterwards conveys to another third person the same ditch, the deeds are valid conveyances as between the parties, and the persons to whom the conveyances are made become tenants in common in the property.</p> <p>Statute of Limitations—Mexican Grant.-—The Statute of Limitations does not commence to run, with regard to lands held under a Mexican or Spanish grant, until a patent for the same has been issued by the Government of the United States.</p>