47 Cal. 52 | Cal. | 1873
It clearly appears from the findings that the demanded premises are included; first, within the decree of confirmation by which the title of José Serrano to the “ Canada de los Alisos ” was finally confirmed; second, within the final official survey as made on the ground; third, within the plat of the survey, incorporated into and made a part of the patent." On the margin of the plat is a table of courses and distances, purporting to define the boundaries as exhibited on the plat. But the-Court below finds that if these courses and distances be followed, they will not correspond with the visible monuments shown on the plat, and actually found on the ground, and are so irreconcilably in conflict with them, that one or the other must, in a great measure, be disregarded. It further appears that some of the monuments are not at the points indicated on the plat, but are, in fact, located on other portions of the lines. The Court, therefore, adopted the courses and distances called for and disregarded the monuments as the only feasible method of giving effect to the locative calls of the patent. By pursuing this course, the demanded premises are excluded from the patent, and judgment was entered for the defendants.
Among other facts, the Court finds that the Los Angeles road was designated both in the original grant and testimonio of juridical possession as one of the boundaries of the rancho; and the decree of confirmation, embodied in the patent, refers to these “for a more particular and further description of the said lands.” This road is correctly located on the plat as the southeastern boundary of the rancho; but on the theory adopted by the Court below, was entirely disregarded, for the reason that its location does not correspond with the courses and distances found in the patent. The whole difficulty in the case proceeds from the fact that the monument indicated on the plat as the initial point of the survey, is not in fact located at that point; but at another in the line of the survey, distant from the first, seventy-six chains; and the monuments actually existing on the twelfth line are transposed on the plat. For example:
Judgment reversed, and cause remanded with directions to the Court below to enter judgment for the plaintiffs on the findings.