Rosenthal v. Matthews

Citations

• 100 Cal. 81
• 34 P. 624
• 1893 Cal. LEXIS 751

Syllabus

<p>Ejectment—Description oe Land in Judgment—Construction op Exception—Certainty—Appeal.—A judgment entered in September, 1891, in an action to recover the possession of land, which described the land definitely and correctly in other respects, excepting, however, from its effect such parts of the land described “as were sown to grain by the defendant during the fall of 1890 and the winter of 1891 ” must be construed to refer to the winter expiring in 1891, prior to the date of the judgment, and prima facie contains a sufficient description of the land excepted, which can he applied so as to identify the excepted land, and snob judgment cannot be held void for uncertainty upon appeal therefrom.</p>