Penry v. Richards
California Supreme Court
Appeal from the District Court, First Judicial District, County of Santa Barbara. The action was brought to recover damages for a trespass alleged to have been'committed by the defendants “in tearing down and destroying a large amount of valuable fence, and in trampling down and destroying a large amount of grain.” Richards was the Mayor, Lataillade, Rynerson, and Pierce were members of the Common Council, and Ames was City Marshal of the City of Santa Barbara.
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Appeal from the District Court, First Judicial District, County of Santa Barbara. The action was brought to recover damages for a trespass alleged to have been'committed by the defendants “in tearing down and destroying a large amount of valuable fence, and in trampling down and destroying a large amount of grain.” Richards was the Mayor, Lataillade, Rynerson, and Pierce were members of the Common Council, and Ames was City Marshal of the City of Santa Barbara. In 1867, April 22nd, the Town of Santa Barbara, being the successor in interest of the City of Santa Barbara, granted to P. C.…
1Opinion of the Court
relied chiefly upon G’Farril v. Harney, 51 Cal. 125.
*675W- G. Stratton, for Respondent, argued that as the deed referred to the map and not the survey, the map should control, and the monuments, which were not mentioned in the deed, could not be considered.
By the Court :
The deed from the Town of Santa Barbara to Carillo—from whom plaintiff deraigns—described the premises conveyed as a piece of land, within the limits of the town, “ known and described on the official map of said town as Block Mo. 6, and containing one hundred and fifty square yards.” It was competent by parol evidence to identify…
2Cases cited1 opinion
- O'Farrel v. HarneyCalifornia Supreme Court · 1875
3Cited by6 opinions
- Bayhouse v. UrquidesIdaho Supreme Court · 1909
- Central Irrigation District v. De LappeCalifornia Supreme Court · 1889
- Bullard v. KempffCalifornia Supreme Court · 1897
- Woodland v. HodsonIdaho Supreme Court · 1915
- Howard v. CunninghamCalifornia Court of Appeal · 1918
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