77 Cal. 73 | Cal. | 1888
This is an action to quiet title to certain property situate in the city of San Diego. The principal question involved relates to the admissibility-of parol testimony. There was evidence to show that the Poole map was inaccurate; that it had no scale or starting-point, and that a surveyor could not, by using the map, locate any of the pueblo lots. The map cannot be made to represent the territory which it purports to include. It was intended to cover all pueblo lands. Afterward one Pascoe made a survey which demonstrated that there was a strip of land half a mile wide between New San Diego and Mission Valley, which was not shown on the Poole map. Poole’s map did not show his starting-point, and the witnesses at the trial could not agree as to what was the proper starting-point. Poole’s map was not made from an actual survey, but was compiled from other maps. The land is described in the deed as follows: “Being that lot of land and west half of lot 1123, bounded as follows: Commencing at a stake, being the southwest corner of said lot No. 1123, running thence north forty chains to a stake, thence east twenty chains to a stake, thence south forty chains to a stake, thence west twenty chains to the place of beginning, containing eighty acres of land, according to the official map of said city, made by Charles H. Poole, A. D. 1856.”
The evidence shows that the city required the purchasers to survey the land before deeds were made. The lands in • controversy were surveyed, and trees planted thereon by the grantees. The surveys were returned to the city trustees before any deeds were executed. These surveys were before the board of trustees when the deeds were made. One of the trustees, who signed all the deeds in controversy, went upon the lands before the deeds were executed and procured lot 1132 to be surveyed, took possession of the same, and planted trees thereon. The applications of Cleveland and Cassi
In view of the fact that the Poole map is inaccurate, that it is not a map made from an actual survey, that the country which it purports to map was really one half mile longer from north to south than the surveyor
In the deed from Horton to Choate and others, under which they claim in this action, the property is described as lot 1123, according to the official map made by Pascoe in May, 1870, and excepts from its operation a portion of the same lot previously conveyed, and described according to the Poole map. There was, therefore, some evidence showing that lot 1123, by the Poole map, had been regarded by the parties as the identical lot described in the Pascoe map as lot 1123.
Judgment and order affirmed.