Haley v. Amestoy

By the Court, Belcher, J.: This is an action of ejectment to recover the possession of certain real property in the County of Los Angeles.

The case was tried by the Court without a jury, and on the last day of the term at which the trial was had findings were filed and judgment entered for the defendants. The plaintiffs excepted to the findings filed for alleged defects therein and moved for a new trial. The Court refused to remedy the defects named and denied the motion, but made and filed certain additional findings at the request of the plaintiffs.

[1351]. The original findings are full upon all the issues involved, in the case, and the exceptions were properly overruled. The additional findings show that the plaintiffs acquired the title to certain land by their deed of September 7th, 1868, which the defendants were not in possession of, but that fact was not material to the case, and the judgment is not erroneous because it did not determine the plaintiffs’ rights in that regard. Whether the plaintiffs own that part of the land not withheld by the defendants is a question which must be settled in an appropriate action when their possession is invaded or their claim denied. Nor is the judgment to be treated as a nullity and set aside because it was entered before the exceptions to the findings were overruled and the additional findings filed. The course adopted by the Court in this respect was the usual one, and was without valid objection.

2. The case shows that both parties claim under one Ramona Serrano de Sepulveda; the plaintiffs by a deed bearing date September 7th, 1868, and the defendants by a deed to Carmen Sepulveda bearing date July 31st, 1863. The deed to the plaintiff's excepts and reserves “ from the operation of this conveyance the land conveyed by metes and bounds to Carmen Sepulveda by deed dated July 31st, 1863, aud recorded,” etc.

The principal question in the ease arises upon the construction to be given to the description of the premises found in the deed of July 31st, 1868. The description is as follows: “All the undivided two thirds (■§) of all the lands known by the name of ‘ Rancho de San Vicente,’ lying and being situate in the County of Los Angeles, and State of California; the lands of said rancho being known and described as follows, to wit: Beginning at a pile of stones, the boundary of one Marquez and Ysidro Reyes; thence north four degrees east eleven thousand seven hundred varas to the first ravine, also the boundary of the above named persons; thence west