Wallace v. Miller
Synopsis
Tenant in Common— Constedction of Deed—Fbactionab Intekest.—'When a deed conveys a certain number of acres without describing the land conveyed, to be taken out of a larger tract described, the grantee becomes, by his deed, a tenant in common, having a fractional interest represented by a fraction having for its denominator a number equal to the number of acres in the larger tract described, and for its numerator a number equal to the number of acres conveyed. The grantee acquires such fractional interest in every acre of the larger tract.
cited Gibbs v. Swift, 12 Cush. 393; Lawrence v. Bullon, 37 Cal. 518; Corbin v. Liv[656]ingston, 14 Wend. 619 ; Schenk v. Evoy, 24 Cal. 110; Gales v. Salmon, 35 Cal. 576; Kimball v. Semple, 25 Cal. 452; Ellis v. Icans, 26 Cal. 272.
Francis E. Spencer, for Respondent.
By the Court : It is ordered that " the judgment herein be and the same is hereby modified by the striking therefrom, wherever they occur, the words “ one twenty-eighth part,” and inserting in lieu thereof the words “ seven hundred and fifty twenty-one thousand three hundred and seventy-sevenths,” and in other respects the judgment and order denying the defendant’s motion for a new trial, are affirmed. Remittitur forthwith.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)