Truett v. Adams

Citations

• 66 Cal. 218
• 5 P. 96
• 1884 Cal. LEXIS 736

Syllabus

<p>Grant—Description by General Name—Exception from Grant.—Where a tract of land is known and designated by a general name, a grant describing the land by such name passes the entire tract. And on the same principle, where a grant by metes and bounds excepts from the operation thereof a tract designated by a general name by which it is known, the tract so designated does not pass by the grant.</p> <p>Id.—Doubtful Description—Interpretation.—In construing a doubtful description in a grant, the court must assume as nearly as possible the position of the contracting parties, and consider the circumstances of the transaction between them, and then read and interpret the words used in the light of those circumstances.</p> <p>Id,—Acts and Declarations of the Parties—Evidence.—Neither the acts nor declarations of the parties are admissible to show their understanding of the description, when the location of the premises intended to be conveyed can be ascertained from the terms used in the instrument of conveyance. But when the terms used are equivocal, ambiguous or insufficient, the subsequent acts of the parties while in interest may be resorted to for the purpose of ascertaining their intention ; and where it is shown that a line has been agreed upon, either expressly or by long acquiescence, as the dividing line between two tracts of land, courts will not disturb the line.</p>