Wade

The deed from the original co-tenants to Wright, and the conveyance by Wright to each of the former co-tenants, in severalty, of a particular portion of the lands previously held in common, operated to vest each with the entire title in a specific tract. We do not think the cases cited by the respondent establish the proposition for which he contends, that the effect of the deeds was not to enlarge the estate of the plaintiff Estefaná, but only to sever the joint possession. Prior to her marriage with the other plaintiff, and when she was the owner of an undivided interest in the southerly half of the ¡Rancho ¡Rincon de los Esteros, she sold and conveyed her right, title and interest in the tract known as Deray’s vineyard (and which is included within the boundaries of *383 the land conveyed to her by Wright), to the defendant John Deray. The subsequent deeds to Wright, and from Wright to the plaintiff Estefana, made her a tenant in common with Derav, in the smaller tract previously conveyed to him. To the extent of her individual interest acquired subsequent to her deed to Deray, she was entitled to recover in this action.

The attempted description by metes and bounds in the…

The plaintiff, Estefana Wade, formerly Estefana Alviso, and one Rafael Alviso, were tenants in common with several other persons of a larger tract, which included the premises in controversy in this action. Whilst thus tenants in common, Estefana and Rafael conveyed by deed to the defendant Deray all their right, title and interest in and to a particular portion of the general tract. The description of the particular tract thus conveyed will be noticed hereafter. Subsequently all the tenants in common agreed upon an amicable partition of the general tract amongst themselves, and upon the particular parcel to be set apart to each of them. For the purpose of carrying the partition into effect, it was mutually agreed between all the tenants in common that they would unite in a deed conveying the whole tract to one Wright, who was thereupon to convey to each of the tenants in common, in severalty, the particular parcel which it had been agreed should be set apart to him or her. This agreement was carried into effect. They all united in a deed to Wright for the whole tract, and he immediately conveyed to each of them in severalty the particular parcel agreed upon. The parcel to…