Wallace v. Miller

California Supreme Court July 1, 1878

Wallace v. Miller, 52 Cal. 655 (Cal. 1878)

Opinion of the Court

cited Gibbs v. Swift, 12 Cush. 393; Lawrence v. Bullon, 37 Cal. 518; Corbin v. Liv*656ingston, 14 Wend. 619 ; Schenk v. Evoy, 24 Cal. 110; Gales v. Salmon, 35 Cal. 576; Kimball v. Semple, 25 Cal. 452; Ellis v. Icans, 26 Cal. 272.

Francis E. Spencer, for Respondent.

By the Court :

It is ordered that " the judgment herein be and the same is hereby modified by the striking therefrom, wherever they occur, the words “ one twenty-eighth part,” and inserting in lieu thereof the words “ seven hundred and fifty twenty-one thousand three hundred and seventy-sevenths,” and in other respects the judgment and order denying the defendant’s motion for a new trial, are affirmed. Remittitur forthwith.

Reference

Full Case Name: W. T. WALLACE v. HENRY MILLER
Cited By: 8 cases
Status: Published
Syllabus: Tenant in Common— Constedction of Deed—Fbactionab Intekest.—'When a deed conveys a certain number of acres without describing the land conveyed, to be taken out of a larger tract described, the grantee becomes, by his deed, a tenant in common, having a fractional interest represented by a fraction having for its denominator a number equal to the number of acres in the larger tract described, and for its numerator a number equal to the number of acres conveyed. The grantee acquires such fractional interest in every acre of the larger tract.