Vance v. Fore

Citations

• 24 Cal. 435

Syllabus

<p>Deed—Description in.—Where one deed refers to another for a description of the granted premises, the deed referred to becomes a part of the other; and the description contained in it is regarded as of the same effect as if copied into the deed itself.</p> <p>Deed—Reference in to Map.—Where a map or plan of a tract of land, with lines drawn upon it marking its boundaries, and with the natural objects upon its surface laid down, is referred to in a deed as containing a description of the premises therein conveyed, this map or plan is to be regarded as giving the true description of the land conveyed, as much as if it was expressly recited and marked down in the deed itself.</p> <p>Deed—Conflicting Descriptions.—If a deed contains conflicting descriptions, that description is to be adopted which is the least likely to be affected with mistakes.</p> <p>Same.—Where a deed referred to another deed previously made for a description of the premises conveyed, and also to a map previously made for a description of the same premises, and the description in the deed referred to did not fix any monument at the initial point which could be determined with accuracy, and the end of the line running from the initial point terminated at “the base of the mountain,” and then turning down at right angles was to follow dozen the base of the mountain, and the character of the country was such that witnesses might differ as to the location of these lines, and the map referred to represented all the natural and artificial objects found upon the land—such as streams, buildings, and roads— and there was a conflict between the verbal description as found in the deed and the boundaries as laid down on the map; held, that -the description presented by the map must be adopted as the one most stable, and least likely to bo affected with mistakes.</p> <p>Same.—Where a deed contains two descriptions of the land conveyed, and both are of equal authority, that one which is most favorable to the gra