Thompson v. Thompson

Citations

• 52 Cal. 154

Syllabus

<p>Averment of New Matter in Answer. — An averment in an answer, in ejectment, that the plaintiff’s grantor had made a prior sale to the defendant, amounts only to a denial of the plaintiffs title, and the plaintiff need not answer it.</p> <p>Equitable Belief in Ejectment.—An averment in an answer, in an action of ejectment, to recover Pueblo lands, that the grant of the same made by the Town Council to the person under whom the plaintiff claimed was made for the benefit of the President of the Town Council, and that the plaintiff had notice of this when he took his conveyance, affords no ground for equitable relief to the defendant, if he has no privity with the title of the town.</p> <p>Description of Land in Deed.—The Court cannot say, as a matter of law, that a deed which describes a piece of land in a town as “Lot No. 62, containing 50 52-100 acres,” * * “and numbered and marked on the official map or plan of outside lands of the town,” * * “made byW. H. Norway,” is void for uncertainty in description.</p> <p>Sale of Pueblo Lands.—The Legislature has the power to direct in what manner the Pueblo lands of a town may be disposed of, and it may confirm a void sale of such lands previously made by the town.</p>