Field v. Columbet

FIELD, Circuit Justice.

Two positions are taken to defeat a recovery by the plaintiff: First. That the premises are embraced in the deed of December, 1854, to Ann Columbet, and in the deed of January, 1859, to the defendant, Second. That if the title remained in Higuera, his deed of July, 1860, was inoperative to pass it the grantee not being at the time in possession of the premises.

The first position depends upon the- construction to be given to the description of the premises in the deeds of 1854 and 1859. The description is identical in both deeds. It gives the boundary as commencing at a…