Wade v. Deray

Citations

• 50 Cal. 376

Syllabus

<p>Effect of a Pabtition.—A judgment in partition has no other effect than to sever the unity of possession, and does not vest in either of the co-tenants any new or additional title in the respective parcels set off to each, and an amicable partition, effected by an interchange of deeds, produces the same result.</p> <p>Befugnant Descbietions in a Deed.—When, in a deed, there are two descriptions of the premises conveyed, and there is a clear repugnance be- . tween these descriptions, the court will look into the surrounding facts and give effect to the description which is the most definite and certain, and which will carry out the evident intention of the parties.</p> <p>Pabtition by Deed.—If one of several tenants in common conveys to a party a portion of the land described by metes and bounds, and an amicable partition is afterwards made in which such portion is conveyed by deed to the grantor, such grantor does not acquire any new title to such portion which-he can assert against his grantee.</p>