Israel v. Collins
Before: Vanclief
Synopsis
Quieting Title—Description.—In an Action to Quiet Title, plaintiff described the land in question as “the west eighty acres of Pueblo lot numbered 1258, according to the Pasco map of the city of San Diego.” As evidence of her title, plaintiff introduced a deed from the city, from which both parties claimed, wherein was conveyed to her a lot described as “being that lot of land containing eighty acres, and situate north of and immediately adjoining the eighty-acre lot granted to P.” Plaintiff attempted to prove the location of the lot granted to P., but the only evidence of such grant was an entry in the official books of the city, showing that her petition for a lot had been filed, and the maps put in evidence were such that only a hazardousj guess could be arrived at as to the location of the lands she had petitioned for. Plaintiff also put in evidence, in proof of a subsequent grant which it was claimed was made to amend the description of the land in the former deed, a resolution of the city’s trustees that eighty acres of land out of the western part of Pueblo lot No. 1258 be deeded to plaintiff, the same having been sold her by a former board, and a deed given without a proper description of the land. The resolution was signed by one of the trustees and the secretary of the board, and the trustee testified that he signed and acknowledged a deed pursuant to the resolution, but did not deliver it, as others were to sign it, and he did not know what became of it. It appeared that the deed was never delivered directly to plaintiff, and that neither she nor her husband ever saw it or had actual possession of it. No offer was made to prove its contents except by the resolution of the trustees. Plaintiff was never in possession of the lot which she claimed, and never improved it. Held, that she was properly nonsuited.
VANCLIEF, C. Action to quiet title to a lot of land situate in the city of San Diego. After the close of the evidence in chief on the part of the plaintiff, the court, on motion of the defendant, rendered a judgment nonsuiting the plaintiff, and the appeal is from this judgment, upon the judgment-roll, including a bill of exceptions.
The complaint is in the usual form, and the answer denies plaintiff’s alleged title. The complaint describes the land in question as follows: “The west eighty (80) acres of Pueblo lot numbered one thousand two hundred and fifty-eight (1,258) according to the Pasco map of the city of San Diego”; and it is admitted that the city of San Diego was the owner of this lot on the twelfth day of February, 1889, and that both parties claimed title from that city. As evidence of her title the plaintiff introduced a deed to her from the city of a lot described as follows: “Situate in the said city, and more particularly described as follows: Being that lot of land containing (80) eighty acres, and situate north of and immediately adjoining the (80) eighty acre lot granted to May Pollock, in consideration of and for a lot of land sold by former trustees, which good and sufficient reasons were shown belonged to Mary A. Israel, according to the official map of the said city made by Charles H. Poole, A. D. 1856, and on file in the office of the secretary of said board” (of trustees of the city). It will be observed that this description by no means identifies the lot described as that described in the complaint. It does not describe it as being numbered; nor does it refer to the Pasco map, for the reason, doubtless, that the Pasco map was not made until May, 1870, more than a year after the deed was executed.
For the purpose of applying the description to the lot in question the plaintiff introduced the Poole map referred to; but it appeared, and is admitted, that the Poole map does not include any part of the lot numbered 1258 on Pasco’s map. For the same purpose the plaintiff attempted to prove the location of the lot said to have been granted to May Pollock, but failed to prove any grant to Pollock, or that Pollock ever possessed or claimed any land south of, or adjoining, lot 1258, as located on Pasco’s map. The only evidence relating to a grant to Pollock are the following entries in official books of the city:
[755]“San Diego, Jan. 21, 1869.
“To the Honorable Board of Trustees:
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