Vejar v. Mound City Land & Water Ass'n
Citations
- 97 Cal. 659
- 32 P. 713
- 1893 Cal. LEXIS 604
Syllabus
<p>Mexican Grants — Deed op Rancho by Name. — A rancho made up of several Mexican grants may acquire a name, and pass by a deed under the same.</p> <p>Id. —Addition to Rancho San José—Ambiguity op Description in Deed •— Extrinsic Evidence. — It appearing that the original grant of the Rancho San José, after juridical possession thereof was given, was supplemented by another grant of one league in addition thereto, juridical possession of which was given under the name of Azusa, and that in the proceedings for the confirmation for both grants the additional league grant was sometimes called Azusa, but the entire tract was referred to as the Rancho San José, a deed of the “Rancho San José” by name, referring to the confirmation proceedings for further description, is ambiguous, and extrinsic evidence is admissible to show that the entire tract was known as and called the Rancho San José, and that the grantor so understood it.</p> <p>Id. — Conduct of Parties Subsequent to Deed. — The conduct of the parties subsequent to the making of a deed is competent, and often very material, evidence in determining, in case of an ambiguity, what was determined to be conveyed.</p>
Judges: Paterson
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