Sanchez v. Neary

Citations

• 41 Cal. 485

Syllabus

<p>Deed from Sutter to Sutter, Jr.—The deed of the 14th day of Octoher, 1848, from John A. Sutter to his son John A. Sutter, Jr., and recorded in Book “ C ” of deeds, in the office of the County Eecorder of the County of Sacramento, includes the site of the City of Sacramento.</p> <p>Motion for Nonsuit. — If the defendant in ejectment moves for a non-suit, and intends to rely on the point, that a deed offered in evidence by the plaintiff, and which was admitted without objection, does not include the demanded premises, he should distinctly so state in his motion.</p> <p>Presumption that a Deed contains Demanded Premises.—In ejectment to recover lot number five, in the square bounded by L and M and Fourth and Fifth streets, in the City of Sacramento, if the plaintiff offers in evidence a deed, conveying the south half of sixteen blocks, between Fourth and Eighth and M and I streets, in the City of Sacramento, excepting lots six and eight, between Fourth and Fifth streets and J and K streets, and lots five and eight, between Fourth and Fifth and K and L streets, and lot eight, between Fourth and Fifth and L and M streets, and lots seven and eight, between Fourth and Fifth and I and J streets—the lots conveyed being fifty-eight in number—there is enough on the face of the deed to raise the presumption that it includes the lot sued for, without other evidence.</p>