Castro v. Gill
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Contra Costa. Action brought for the possession of certain land, leased by plaintiff to defendant, James M. Gill, and described in the complaint as situate in the County of Contra Costa, known as the Peninsula, “ Punta del Potrero,” and bounded by a straight line constituting the base of said peninsula, .and the low water mark of the shore, connecting the ends of said straight line and shore…
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Appeal from the District Court of the Seventh Judicial District, County of Contra Costa. Action brought for the possession of certain land, leased by plaintiff to defendant, James M. Gill, and described in the complaint as situate in the County of Contra Costa, known as the Peninsula, “ Punta del Potrero,” and bounded by a straight line constituting the base of said peninsula, .and the low water mark of the shore, connecting the ends of said straight line and shore surrounding the peninsula. At the trial, plaintiff proved his prior possession, the lease to defendants, and the unlawful…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
First, The record shows what is the verdict; and the affidavits of jurors will not be taken to contradict it. It is not shown otherwise by the record, that the Judge misinterpreted the first finding which the jury made.
Second, The declaration describes the land by a certain, name, and this is as good a description as one by metes and bounds, if it can be rendered sufficiently certain by the evidence. The fact that the name (a Spanish one) can be translated into English so as to mean nothing, does not alter or affect its potency as a name descriptive of a place.
Third,…
2Cited by8 opinions
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- Hildreth v. WhiteCalifornia Supreme Court · 1885
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