Castro v. Tennent
California Supreme Court
Appeal from the District Court of the Third Judicial District, Santa Clara County. José Joaquin Bernal died in 1834, seized in fee of the Rancho Santa Teresa, leaving surviving him eleven children, his sole heirs at law, among whom Marcellina Bernal was one. Marcellina afterwards intermarried with Julio Valencia, and there was, issue of this marriage, five children, two of whom were named Maria Eusebia Valencia and Antonio Valencia.
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Appeal from the District Court of the Third Judicial District, Santa Clara County. José Joaquin Bernal died in 1834, seized in fee of the Rancho Santa Teresa, leaving surviving him eleven children, his sole heirs at law, among whom Marcellina Bernal was one. Marcellina afterwards intermarried with Julio Valencia, and there was, issue of this marriage, five children, two of whom were named Maria Eusebia Valencia and Antonio Valencia. In 1847 said Marcellina died intestate, seized in her own right as owner in fee of one undivided eleventh of said rancho, leaving surviving her said husband,…
1Opinion of the Court
By Crockett, J., Niles, J., concurring:
The following well known rules for construing deeds have been too long and too firmly established to be now lightly departed from, viz: First—That doubtful clauses in the deed *258are to be construed most strongly against the grantor, and as favorably to the grantee as the language, construed in the light of the surrounding facts, will justify. Second—That when there are two descriptions of the property or estate granted; one of which is certain, definite, and free from ambiguity, that shall prevail over another description less certain and definite, or…
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