Belcher

Black Eagle Oil Co. v. Belcher

Good Law
1913 Cal. App. LEXIS 24·22 Cal. App. 258·133 P. 1153
Court of Appeal of CaliforniaJune 10, 1913Civ. No. 1342.California1,713 words

Opinion

Lead Opinion

Shaw, J.

Action to quiet title. Judgment against plaintiff, from which, and an order denying its motion for a new trial, it appeals. The land involved is the south V2 of the northeast % of section 34, township 12 north, range 23 west, S. B. M., in Kern County. It was stipulated that prior to July 27, 1906, the ownership of the entire northeast % of said section 34 was vested in defendant S. E. Belcher. Plaintiff then introduced in evidence the record of a grant deed executed by S. E. Belcher, dated March 9, 1910, recorded April 5, 1910, which purported to convey the land described in the complaint to the Black Eagle Oil Company; whereupon it rested its case. Thereupon defendant offered in evidence a grant deed and the indorsements thereon as follows:

Plaintiff objected to its introduction upon the ground that it appeared that an alteration had been made in the deed by “changing the quarter from typewritten matter to a description by pen, which has not been explained, and that no township or range, and no base or meridian is given.” The objection was overruled. As to the first objection, there is absolutely nothing in the copy of the deed as set forth and printed in the record to indicate…

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