Mills v. Lux

California Supreme Court July 1, 1873

Mills v. Lux, 45 Cal. 273 (Cal. 1873)

Opinion of the Court

By the Court:

We understand the original decree of partition to have established the partition line between the parties by calling *275for a fence, the location of which was also attempted to be described by courses and distances; and some portion of the fence having disappeared or been removed, the Court below heard testimony to ascertain its true location, and the evidence as to its location being conflicting in its character the determination of the matter of fact will not be disturbed on appeal.

In our opinion, in construing a decree of partition, no less than in a deed, courses and distances must yield to visible monuments.

Order affirmed.

Reference

Full Case Name: D. O. MILLS v. CHARLES LUX
Cited By: 3 cases
Status: Published
Syllabus: Conflict of Evidence on Motion.—When, on a motion made in the Court in which a partition was made, to fix the true boundary line between two of the parties, the evidence is conflicting, the determination of the Court below will not be disturbed on appeal. Boundary Lines in Decree of Partition.—When, in a judgment of partition, a boundary line between two of the parties is described as passing along a visible object, and is also described by courses and distances, the latter must yield to the former.