Smith v. California Portland Cement Co.

BARNARD, P. J.

In this action both parties sought to quiet their title to a certain parcel of real property. From a judgment in favor of the defendant, the plaintiffs have appealed.

The sole ground of reversal urged is that the court erred in refusing to admit into evidence the county recorder’s record of a certain deed. It appears that this deed was written in Spanish and at the bottom thereof was what purported to be an English translation of the same. The deed was dated September 30, 1869, was acknowledged October 6, 1879, and was recorded May 5, 1882, with the certificate of the recorder that the same was “a full, true' and correct copy of that part of the original which is written in English”. Omitting the acknowledgment the purported translation of the deed reads as follows:

[632]

“San Bernardino, Sept. 30th, 1869.

“Be it known that by these presents, I, the undersigned sell and convey to Mr. Ramon Valencia all my right, title and interest in all my land which I possess and bounded as follows: On the north by the Cerrito X; on the south by the land of Mr. Ygnacio Molla; on the east by a piece of land of the Jurupa Rancho; on the west by the Chamisal, and containing about 15 or 20 acres, together with house and improvements thereto appertaining, also one day of water, the right to which I have in the artegria (water ditch) Meeks and Daley.

“In testimony whereof I execute this instrument at Sait, Salvador, this 30th day of September, 1869.

“His

“Manuel X Quintana “Mark

‘ ‘ Witness: M. Carlos Dugan. ’ ’

This purported translation was read into evidence and, at the request of counsel for both sides, the court’s ruling on its admissibility was reserved and other evidence received. At the close of the appellants’ case, the court stated that in order to clear up the record the objection to the admission of the deed would be sustained.

A surveyor of long experience, who was a witness for the appellants, testified that it was not possible from the description in this deed to locate on the ground the land attempted to be described therein. No evidence to the contrary was offered. Under these circumstances and since the writing itself furnishes no means whereby the description could be made sufficiently definite to locate the property, the purported deed was void.