California Supreme Court, 1873

Mills v. Lux

California Supreme Court · Decided July 1, 1873

45 Cal. 273

Cases that cite this one

2 later published cases cite this decision.

Birk v. Hodgkins (Cal. 1911)
Central Irrigation District v. De Lappe (Cal. 1889)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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