Pico v. Coleman
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. The action was brought to quiet title to a tract of land known as the Rancho Paso de Bartolo or Ranchito containing 8,000 acres, and for the construction, or, if necessary, the reformation of a deed.
Read the full summary
Appeal from the District Court of the Seventeenth Judicial District, Los Angeles County. The action was brought to quiet title to a tract of land known as the Rancho Paso de Bartolo or Ranchito containing 8,000 acres, and for the construction, or, if necessary, the reformation of a deed. The deed, which is in Spanish, and is dated May 5th, 1855, recites a consideration of one dollar, and as translated, contains the following language: “I, Pio Pico, * contract, cede, sell and convey to Maria Martinez, her heirs and successors forever, a piece or tract of land that contains, from east to west,…
1Opinion of the Court
By the Court:
In construing the deed from the plaintiff to Maria Martinez, all its parts must be consulted, and it must be read in the light of the surrounding circumstances. Tested by these rules, we do not entertain the slightest doubt that it was intended by both parties to the instrument to convey only the tract “ containing from east to west eight hundred and sixty-five (865) varas, and from north to south two hundred and ninety-four (294) varas,” and that it was not intended to include, and does not include, the remainder of the rancho. The parties have themselves so construed the deed…
2Cited by8 opinions
- Hill v. McKayCalifornia Supreme Court · 1892
- Blume v. MacGregorCalifornia Court of Appeal · 1944
- California Packing Corp. v. GroveCalifornia Court of Appeal · 1921
- Hamilton v. JonesCourt of Appeals of Texas · 1903
- Shultz v. BeersCalifornia Court of Appeal · 1952
3 more not listed; retrieve them via the Exa API.