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· 8/2/1889

Whiting v. Gardner

Citations

  • 80 Cal. 78
  • 22 P. 71
  • 1889 Cal. LEXIS 864

Syllabus

<p>Deed—Description by Reference to Map and Survey—Survey Controls in Case of Discrepancy.—Where the description of land in a deed is made by reference to a map and also to the survey upon which the map is based, it will be presumed, in the absence of evidence to the contrary, that the map correctly represents the survey, and the latter need not be looked to; but if it be shown that a discrepancy exists between the map and the survey, the latter must prevail.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding no prejudice in fleeting introduction of evidence of prior charges because the charges were never mentioned again, the defendant was impeached on other grounds, and the evidence against the defendant was strong
  • appellant failed to establish deficient 15 performance where he failed to show that an objection to certain eyewitness identifications of him during photo arrays would have been sustained

Source: CourtListener parenthetical corpus (CC0).

Judges: Works

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.