Serrano v. Rawson

Citations

• 47 Cal. 52

Syllabus

<p>Construction of Patent—Plat of Survey.—In determining the location of a line designated in a patent, the plat of a survey which is made a part of the patent is often entitled to as much and perhaps more weight than the courses and distances.</p> <p>Conflicting Descriptions.— In all cases of conflicting descriptions, the object of the Court is to ascertain the intention of the parties, and the entire description contained in the instrument should be resorted to for the purpose of ascertaining the intention.</p> <p>General Intent in Description to Control.—Courts will give effect to every part of the description in a patent, if possible, but if that cannot be done, they reject that which is repugnant to the general intent of the instrument.</p> <p>Supplying Line in Survey.—A line in a survey, which has evidently been omitted, will be supplied by intendment, rather than that the obvious intent of the grantor should be frustrated.</p>