Cleveland v. Choate
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial. In 1856, Charles H. Poole prepared a map of the pueblo lands of the city of San Diego, lying between what is known as New San Diego in said city and the Mission Valley, comprising a strip of several miles, running from the bay of San Diego back to the eastern limits of the city.
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Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial. In 1856, Charles H. Poole prepared a map of the pueblo lands of the city of San Diego, lying between what is known as New San Diego in said city and the Mission Valley, comprising a strip of several miles, running from the bay of San Diego back to the eastern limits of the city. This map was for some years thereafter, until 1868, the official map of these pueblo lots, and was supposed to be correct until the surveys made by James Pascoe, county surveyor, December 6, 1867, June 12, 1868,…
1Opinion of the Court
The Court.
This is an action to quiet title to certain property situate in the city of San Diego. The principal question involved relates to the admissibility-of parol testimony. There was evidence to show that the Poole map was inaccurate; that it had no scale or starting-point, and that a surveyor could not, by using the map, locate any of the pueblo lots. The map cannot be made to represent the territory which it purports to include. It was intended to cover all pueblo lands. Afterward one Pascoe made a survey which demonstrated that there was a strip of land half a mile wide between New…
2Cases cited2 opinions
- O'Farrel v. HarneyCalifornia Supreme Court · 1875
- Widbur v. WashburnCalifornia Supreme Court · 1873
3Cited by4 opinions
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- Staub v. HamptonTennessee Supreme Court · 1906
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