California Supreme Court, 1861

Chapman v. Excelsior Canal Co.

Chapman v. Excelsior Canal Co.
California Supreme Court · Decided July 1, 1861 · Baldwin
17 Cal. 231

Chapman v. Excelsior Canal Co.

Opinion of the Court

Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

This case involves the construction of a deed, which, after usual words of grant, describes the premises sold as all that portion of the Union ranch lying south of two oak trees, marked E. X. C. On reconsideration, we think the two trees mentioned were designed to mark a line of boundary, the portion of which tract south of the line being that conveyed. This construction gives effect to the language of the deed.

The Court gave a different construction to the deed, and for this error the judgment is reversed and cause remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.