Legal Opinion

Piercy v. Crandall

California Supreme Court

Decided July 1, 1867PublishedCited by 4 opinions

Appeal from the District Court, Third Judicial District, Santa Clara County. This was an action to recover possession of a portion of the Yerba Buena Rancho, in Santa Clara County. All the averments of the complaint were put in issue hy the answer. The cause was tried by the Court without a jury.

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Appeal from the District Court, Third Judicial District, Santa Clara County. This was an action to recover possession of a portion of the Yerba Buena Rancho, in Santa Clara County. All the averments of the complaint were put in issue hy the answer. The cause was tried by the Court without a jury. The facts, as found by the Court, were as follows, to wit: “ First—The premises in controversy are part of a tract of land situate in Santa Clara County, known as the Yerba Buena Rancho, granted to Antonio Chaboya, and confirmed hy decree of the United States District Court, and the issuance of a…

1Opinion of the Court

By the Court, Sawyer, J.:

The plaintiffs’ deed describes the initial point in the boundary of the land conveyed as being “ at a point of the boundary of said r-ancho,” and as being “ the middle or center of the well known point called the Portezuela de las Animas.” As the boundaries of the said rancho have been finally surveyed and located, no point in said boundary coincides with the middle or center of the Portezuela, and the question is, where is the initial point? By taking a point in the middle of the Portezuela as the starting point, and running the other lines according to the calls,…

2Cases cited1 opinion

  1. Vance v. ForeCalifornia Supreme Court · 1864

3Cited by4 opinions

  1. Walsh v. HillCalifornia Supreme Court · 1869
  2. Moran v. LezotteMichigan Supreme Court · 1884
  3. Serrano v. RawsonCalifornia Supreme Court · 1873
  4. Williamson v. PrattCalifornia Court of Appeal · 1918

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