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47 Cal. 65

Pico v. Coleman

California Supreme Court

Decided July 1, 1873

California Supreme Court · decided 1873-07-01

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.

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

How this case has been cited

Cited by 6 later decisions — most recently December 1966

6 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court:

¶1In 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 by their subsequent acts, and there is no reasonable ground to doubt that this is the correct interpretation of it.

¶2Judgment reversed and cause remanded with an order to the court below to enter judgment for the plaintiff on the findings.

¶3Bemittitur forthwith.

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