Umbarger

Umbarger v. Chaboya

Good Law
1 Cal. Unrep. 764
Supreme Court of CaliforniaNovember 21, 1872No. 2691California493 words

Opinion

Lead Opinion

— The true location of the eastern line of the land conveyed by the deed of December, 1850, from Pedro Chaboya to Jones and Eldridge was very important, as upon its location depended the question as to whether the defendants were in the occupation of the land conveyed by that deed.

The eastern line is, of course, that particular line which the parties to that deed had in mind when it was executed and delivered — “bounded on the east by the lands or ranch os of the Higueras and Antonio Chebello,” as written in the deed, means, of course, those lands and ranchos as they were understood by the parties to exist in December, 1850, at the making of the deed.

The location of the western line of the Antonio Chaboya ranch subsequently made by the United States government, changing the western line of that ranch and throwing it some two miles and upward farther to the west, if such be the fact, could not operate to change the location of that line, as it was understood to exist in December, 1850, in such a sense as to alter or affect the descriptive calls and boundaries in the deed to Jones and Eldridge. If it could, then the deed to Jones, which was made with reference to objects and…

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