Severy v. Central Pacific Railroad
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The plaintiff alleged in his complaint that the Western Pacific Eailroad Company was a corporation from December, 1862, till June 23, 1870, when it consolidated with the Central Pacific Eailroad Company of California under the name of the Central Pacific Eailroad Company; that he was the owner of lots two and fourteen in block two hundred and twenty-four in the city of Stockton, which fronted on…
Read the full summary
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The plaintiff alleged in his complaint that the Western Pacific Eailroad Company was a corporation from December, 1862, till June 23, 1870, when it consolidated with the Central Pacific Eailroad Company of California under the name of the Central Pacific Eailroad Company; that he was the owner of lots two and fourteen in block two hundred and twenty-four in the city of Stockton, which fronted on Sacramento street a distance of one hundred and fifty feet, and had a house on lot two which fronted on Sacramento…
1Opinion of the Court
By the Court:
The third finding of the court below, so far as it states that lots two and fourteen “are bounded on the west by Sacramento street,” in the conveyance from Webber to plaintiff, is contrary to the evidence.
One line of the description in the deed is: “Thence along the easterly line of Sacramento street one hundred and fifty feet;” and no other language is employed which affects or modifies the natural interpretation of that above quoted.
It is very clear, therefore, that the parties to the instrument intended that the lots should run up to the eastern line and not to the middle of…
2Cases cited1 opinion
- Hopkins v. Western Pacific RailroadCalifornia Supreme Court · 1875
3Cited by18 opinions
- Spaulding v. CameronCalifornia Supreme Court · 1952
- Sheffet v. County of Los AngelesCalifornia Court of Appeal · 1970
- Berton v. All Persons, Etc.California Supreme Court · 1917
- City of Redlands v. NickersonCalifornia Court of Appeal · 1961
- Taliaferro v. SalyerCalifornia Court of Appeal · 1958
13 more not listed; retrieve them via the Exa API.