Platt v. Jones

Decided January 15, 1872

California Supreme Court · decided 1872-01-15

This was an action of ejectment to recover possession of a .portion of the German Rancho, in Sonoma County. It was originally commenced in the name of Edson Adams as plaintiff, in the Twelfth District Court, but subsequently Platt was substituted as plaintiff in place of Adams, and the cause was transferred for trial to the Court from which this appeal was taken.

Cited by 2 later decisions — most recently December 1901

1 district · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-01-15

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¶1By the Court,

Wallace, J.:

¶2We are of opinion that the third call in the deed from Rufus to Hugal—in these words: “ Thence in a southern direction to the Pacific Ocean, so as to include the improvements and house of said Hugal, and to include a quantity of land equal to one Spanish league”—imports that in approaching the ocean, the line must deflect from a right angle to such an extent as, at all events, will include one league of land in superficial area, and so much more than that quantity as may be necessary to include the improvements of Hugal as they existed in September, 1847. This results by construction of the terms of the deed itself, and parol evidence is not admissi ble to vary it in that respect.

¶3The judgment is reversed, and the cause remanded for a new trial.