Penry v. Richards
California Supreme Court
Appeal from the District Court, First Judicial District, County of Santa Barbara. Action of trespass for having removed fence from .and destroyed grain grown on Block No. 6, in the Town of Santa Barbara. The defendant Ames was the Marshal, the defendant Richards was Mayor, and the other defendants were members of the Council of the Town of Santa Barbara.
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Appeal from the District Court, First Judicial District, County of Santa Barbara. Action of trespass for having removed fence from .and destroyed grain grown on Block No. 6, in the Town of Santa Barbara. The defendant Ames was the Marshal, the defendant Richards was Mayor, and the other defendants were members of the Council of the Town of Santa Barbara. In 1851, the City of Santa Barbara owned the land within its corporate limits, as successor of the Pueblo of Santa Barbara, and authorized one Haley to make a survey of the lands within its limits, and to lay the same off into blocks and…
1Opinion of the Court
A map is always presumed to represent a survey, and a reference to the map is a reference, to the survey. (Jackson v. Cole, 16 Johns. 257; Jackson v. Freer, 17 Johns. 29; Chinoeth et al. v. Haskell's Lessees, 3 Peters, 93; O'Farrell v. Harney, 51 Cal. 125.)
The stakes showing the actual lines of the streets and blocks must prevail over the map, and courses and distances, points of compass and initial points. (Code of Civil Procedure, sec. 2077; Feris v. Cooven, 10 Cal. 630, and cases cited.)
W. C. Stratton, for the Eespondents.
The map referred to in the deed must be taken as a part of the deed,…
2Cases cited7 opinions
- Vance v. ForeCalifornia Supreme Court · 1864
- Jackson ex dem. Livingston v. FreerNew York Supreme Court · 1819
- Caldwell v. CenterCalifornia Supreme Court · 1866
- O'Farrel v. HarneyCalifornia Supreme Court · 1875
- Estate of MitchellCalifornia Supreme Court · 1938
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pettigrew v. DobbelaarCalifornia Supreme Court · 1883
- Cadwalader v. NashCalifornia Supreme Court · 1887
- Snooks v. WingfieldWest Virginia Supreme Court · 1903
- Whiting v. GardnerCalifornia Supreme Court · 1889
- Smith v. BooneTexas Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.