Chapman v. Excelsior Canal Co.

California Supreme Court

Chapman v. Excelsior Canal Co.

17 Cal. 231

DecidedJuly 1, 1861

StatusPublished

This text of 17 Cal. 231 (Chapman v. Excelsior Canal Co.) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chapman v. Excelsior Canal Co., 17 Cal. 231 (Cal. 1861).

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Opinion

Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

This case involves the construction of a deed, which, after usual words of grant, describes the premises sold as all that portion of the Union ranch lying south of two oak trees, marked E. X. C. On reconsideration, we think the two trees mentioned were designed to mark a line of boundary, the portion of which tract south of the line being that conveyed. This construction gives effect to the language of the deed.

The Court gave a different construction to the deed, and for this error the judgment is reversed and cause remanded.

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Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

This case involves the construction of a deed, which, after usual words of grant, describes the premises sold as all that portion of the Union ranch lying south of two oak trees, marked E. X. C. On reconsideration, we think the two trees mentioned were designed to mark a line of boundary, the portion of which tract south of the line being that conveyed. This construction gives effect to the language of the deed.

The Court gave a different construction to the deed, and for this error the judgment is reversed and cause remanded.

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Bluebook (online)

17 Cal. 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-excelsior-canal-co-cal-1861.