Public-domain · open source
OpenJurist

47 Cal. 581

McKeon v. Millard

California Supreme Court

Decided July 1, 1874

California Supreme Court · decided 1874-07-01

Ejectment to recover a portion of the rancho “El Agua Caliente,” lying in Alameda County, and described in the complaint as bounded “ on the south by the Arroyo del Agua Fria, on the east by the east line of said ranch, on the north by the land of Joseph C. Palmer, (as known in December, 1867,) and on the west by the lands formerly known as the lands of Joseph Colombet and the lands belonging to Emlay & McKeon, before the thirtieth of December, 1867, and containing about one…

Cited by 1 later decisions — most recently June 1946

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-01

View the full empirical analysis of this case →

By the Court:

¶1The northern. boundary line of the premises in controversy was described in the deed from Higuerra to McKeonas the “ land of Joseph C. Palmer, as known in December, 1887.” The evidence and finding show that the land lying next north of the tract, had been in fact sold by Higuerra *584to- one Field, but that Joseph 0. Palmer acted as the agent of the latter in effecting the purchase, and that it was always thereafter recognized by Higuerra, the grantor in both deeds, as land which he had sold to Palmer. This was clearly a sufficient identification of the line intended by the parties.

¶2The judgment is affirmed, with twenty-five per cent, damages. Eemittitur forthwith.

/47/cal/581 · .json · Public domain