Phillips v. Lowrey

Decided July 1, 1880

California Supreme Court · decided 1880-07-01

Wheeler, J. The questions in the case were: 1st, whether the land in controversy was included in a certain deed of conveyance from one Bernal, under which the plaintiff deraigned title; 2nd, if included, whether her title was divested by a judgment in a partition suit, to which she was a party; and 3rd, whether the land in controversy was included in a deed executed by her to her father prior to the commencement of the action.

Cited by 2 later decisions — most recently February 1909

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-07-01

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Department No. 1, by the Court (from the Bench):

¶1The point suggested is, that the Court below must have construed the description of the land contained in certain deeds improperly. As the record comes here, that question cannot be considered.

¶2The appeal is from an order denying a new trial, and there is no specification of any deficiency in the evidence to sustain the findings of the Court below. There is no appeal from the judgment, and construing the description in the deeds as is contended for by counsel for appellant, non constat, but the Court below held that the tract of land sued for was not within the description thus construed. The order is affirmed.