Wilcoxson v. Sprague
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County .of Sacramento. Ejectment to recover a tract of land adjoining the city of Sacramento, described as ten-acre tract No. 76, as laid down on a map made by H. Custer. The demanded premises are a part of the grant made by the Mexican nation to John A. Sutter, on the 18th of June, 1841. Sutter owned the' demanded premises on the 14th day of September, 3852, and then conveyed them to William S. Mesick.
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Appeal from the District Court, Sixth Judicial District, County .of Sacramento. Ejectment to recover a tract of land adjoining the city of Sacramento, described as ten-acre tract No. 76, as laid down on a map made by H. Custer. The demanded premises are a part of the grant made by the Mexican nation to John A. Sutter, on the 18th of June, 1841. Sutter owned the' demanded premises on the 14th day of September, 3852, and then conveyed them to William S. Mesick. Mesick conveyed undivided interests in the premises to P. L. Edwards , and, also, on the 23d of May, 1855, conveyed an undivided one…
1Opinion of the Court
By the Court:
The deed of Volney B. Howard and others to William S. Mesick, omitting the last clause, purports to convey, and is sufficient to convey all the right, title, estate, etc., of Howard in and to all the tracts of land therein described; but it is claimed by the plaintiff that the last clause of the deed renders the instrument inoperative as a conveyance of ■the estate or interest of Howard. The clause is as follows: “It is expressly agreed that the interest hereby conveyed by the said Howard, is that only which he acquired by conveyance from S. C. Bruce.” It is found, and the…
2Cited by14 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Hawkins v. Lumber Co.Supreme Court of North Carolina · 1905
- CarLee v. EllsberrySupreme Court of Arkansas · 1907
- Maker v. LazellSupreme Judicial Court of Maine · 1891
- McLennan v. McDonnellCalifornia Supreme Court · 1889
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