Biggins v. Champlin
California Supreme Court
Appeal from a judgment for the defendant and from an order denying a new trial in the Superior Court of Sonoma County. Pressley, J. The Court found that upon an accurate survey and location of the lands conveyed by Vallejo to Munday according to the calls of the deed, the land in dispute would be included in that deed, and also in a deed to the plaintiff from Munday by the calls of that deed.
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Appeal from a judgment for the defendant and from an order denying a new trial in the Superior Court of Sonoma County. Pressley, J. The Court found that upon an accurate survey and location of the lands conveyed by Vallejo to Munday according to the calls of the deed, the land in dispute would be included in that deed, and also in a deed to the plaintiff from Munday by the calls of that deed. It also found that the patent to Vallejo by the United States was issued on the 19th day of November, 1874. The complaint was filed November 7th, 1879.
1Opinion of the Court
Ross, J.:
This case involves the right to a strip of land embracing one acre and a fraction. The plaintiff claims it as a part of his tract, and the defendant as a part of his. Both plaintiff and defendant deraign title from M. G. Vallejo, who was the grantee from the Mexican Government of the Petaluma Bancho, situated in Sonoma County. The tract claimed by the plaintiff was, on the 20th of August, 1856, conveyed by Vallejo to one Munday, who entered into possession of it, and continued in possession until September 24th, 1864, when he conveyed it to the plaintiff. July 7th, 1856, Vallejo…
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