De Sepulveda v. Baugh
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a new trial. The action was brought to quiet title to a tract of land, and was heard upon an agreed state of facts, from which it appeared that the plaintiff, on the 21st of May, 1878, mortgaged to one Andreo Briswalter two tracts of land, a 909-acre tract and a 212-acre tract, describing the former in her mortgage by metes and bounds, and-then excepting therefrom' those portions…
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Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a new trial. The action was brought to quiet title to a tract of land, and was heard upon an agreed state of facts, from which it appeared that the plaintiff, on the 21st of May, 1878, mortgaged to one Andreo Briswalter two tracts of land, a 909-acre tract and a 212-acre tract, describing the former in her mortgage by metes and bounds, and-then excepting therefrom' those portions of the tract described in certain conveyances made by herself, and referred to the book of record of the deeds of…
1Opinion of the CourtTemple, J.
This case seems very plainly to be within the rule laid down in Crosby v. Dowd, 61 Cal. 557.
A tract of 909 acres is described by metes and bounds, “excepting, however, those portions of the above-described tract which are described in those certain conveyances executed by the party of the first part hereto, which are recorded respectively in book 22 of deeds, page 477, book 32 of deeds, page 113, book 36 of deeds, page 446, and book 48 of deeds, page 466, records of Los Angeles County, to which deeds and the records thereof reference is hereby made for further description; the remainder of…
2Cases cited1 opinion
- Crosby v. DowdCalifornia Supreme Court · 1882
3Cited by22 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Newport v. HattonCalifornia Supreme Court · 1924
- Flynn v. FlynnCalifornia Supreme Court · 1954
- Hermann v. LikensTexas Supreme Court · 1897
- Smith v. BiscailuzCalifornia Supreme Court · 1890
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