Masterson v. Munro
Masterson v. Munro
Opinion of the Court
This is an action in ejectment, the land in controversy consisting of a strip ten feet by twenty-five feet. Both parties claim through deeds from Ottinger and Brooks. The deed to respondent and the deed to the predecessor of appellant Margaret were each dated and acknowledged September 30, 1862. Respondent and appellant bought their respective lots at an auction sale, and the particular tract in dispute is included in both deeds. Ottinger and Brooks were the owners of one hundred vara lot No.. 149, situated at the corner of Second and Townsend streets in San Francisco, and for the purpose of selling the same to
Under the foregoing circumstances the contradiction of the descriptions in appellants’ deed must be resolved in favor of the description which refers to the official plat or map. Appellant’s predecessor purchased subdivision 22 of a certain tract of land as shown by the official map. He bought at public auction with the map before him, and it is clearly evident that the description by courses and distances was intended to describe subdivision 22. If a party purchases a certain numbered block of land according to the official map of the city, and his purchase is also described in the deed, a further description of the block by metes and bounds, or courses and distances, would be subordinate to the description
We might further suggest, if other grounds were necessary to sustain the judgment, that the acts of the respondent in and about the premises in the exercise of his possession are strongly indicative of the creation of a title by prescription; but we do not find it necessary to enter into a discussion of that question in detail.
The order denying the motion for a new trial is affirmed.
Reference
- Full Case Name
- WILLIAM MASTERSON v. MARGARET MUNRO
- Cited By
- 14 cases
- Status
- Published
- Syllabus
- Deed—Description of Property—Metes and Bounds — Number upon Official Map.—If a party purchases a numbered block of land according to the official map of a city, and his purchase is so described in the deed, a further description of the block by metes and bounds, or courses and distances, is subordinate to the description of the block by its number upon the map, and must give way to the number in case of conflict. Id. — Sale of Lots at Auction— Reference to Recorded Map—Conflicting Description.—Where the owners of a lot, for the purpose of selling the same to advantage, make a plan or map of the lot, subdividing the same into smaller lots numbered consecutively, and caused this map to be filed in the office of the county recorder, the purchasers at auction sale of the lots, which are sold by reference to the recorded map, take title to their lots by the number upon the map, which will control an erroneous description by metes and bounds, causing an apparent lap of one lot upon another.