Marlin v. Robinson

WARD, J.,

pro tem.

Plaintiffs filed suit to quiet title to a strip of land, alleging that they were the owners in fee, subject to an easement for road purposes only by defendant. Defendant answered, denying plaintiffs’ ownership and alleged that defendant was the owner in fee of the property and that plaintiffs had no right, title or interest or estate in the land except that acquired by user; namely, a right of way for road purposes over and along said strip of land. The trial court found in favor of plaintiffs, and defendant appealed.

John Goodrich was the owner of a piece or parcel of land in Monterey County adjoining the real property of his brother-in-law John R. Cantua. In November, 1913, Cantua, whose property abutted a road, conveyed to Goodrich by a grant deed, standard in form, a strip of land off the north side of his property approximately sixteen feet wide by seventy-five feet in length. Immediately following the description in the deed, the following words appear: “It being along the same road now traveled by said J. R. Cantua. The conveyance being for road purposes only.” The case involves the construction of the words attached to the granting clause. Plaintiffs and respondents now own the Cantua parcel and defendant and appellant succeeded to the interest in the Goodrich property.

[375]

Except as provided in article IV, chapter I, title IV, of the Civil Code, grants are construed under the same rule as contracts. (Civ. Code, sec. 1066.) The intention of the parties at the time of execution is the determining factor in the interpretation of a conveyance. (Civ. Code, sec. 1636.) The language in the conveyance is to he first considered and the intention of the parties gathered therefrom before resorting to extrinsic evidence.

(Joerger

v.

Pacific Gas & Elec. Co.,

207 Cal. 8, 32 [276 Pac. 1017].) It is not the intent of the grantor that governs in such cases. It is the joint intent of the grantor and the grantee. The court’s duty is to assume the positions of the parties and to consider the circumstances of the execution of the conveyance, and therefrom, if possible, gain the intent of the parties. (Code Civ. Proc., sec. 1860;