67 Cal. 43 | Cal. | 1885
On this appeal, which is from the judgment, the judgment roll alone is brought up. The action is ejectment, and both parties claim under one Carney, who, in 1848, was the
The map referred to in the deed from Carney to Bosaria Bernal must be considered as incorporated in it. The deed therefore shows upon- its face that there are two lots to which the description equally applies. From the deed itself it cannot be ascertained which lot was intended to be conveyed, and as the ambiguity is patent, resort cannot be had to parol. Our conclusion is that the deed in question is void for uncertainty of description, from which it results that the legal title to the lot
Judgment affirmed.
Morrison, C. J., McKinstry, J., and Thornton, J., concurred.
Sharpstein, J., concurred in the judgment.
Rehearing denied.