. Titles to real property acquired originally and by transfer inter vivos . New trial. ^JU^^ ^>i-0^ , HOBAN V. CABLE. ^^^^-^^ f^^ (Supreme Court of Michigan, 1S94. 102 Mich. 206, 60 N. W. 466.)Montgomery, J.^ This is an action of ejectment. The trial was hadbefore a jury, and a verdict rendered for the plaintiff. The defendantbrings error. The assignments of error are numerous, but have beencarefully grouped by the appellants counsel, so that the questions maybe dealt with under a few heads. The diagram on the following pagewill furnish an aid to an understanding of the points involved. The
. Titles to real property acquired originally and by transfer inter vivos . New trial. ^JU^^ ^>i-0^ , HOBAN V. CABLE. ^^^^-^^ f^^ (Supreme Court of Michigan, 1S94. 102 Mich. 206, 60 N. W. 466.)Montgomery, J.^ This is an action of ejectment. The trial was hadbefore a jury, and a verdict rendered for the plaintiff. The defendantbrings error. The assignments of error are numerous, but have beencarefully grouped by the appellants counsel, so that the questions maybe dealt with under a few heads. The diagram on the following pagewill furnish an aid to an understanding of the points involved. The record contains the substance of all the testimony, from whichit appears that plaintiff derived title from thejieirsj)j^ I^une„McLeod,to whom a conveyance was made by Eliza R.^lcLeod^in 1862. Eli^a If » ^ * So also in Cullen v. Sprigg, 83 Cal. 56, 23 Pac. 222 (1S90). /j / iy^ 5 The balance of the opinion relating to other points is omitted. f\ ^ ® Portions of the opinion relating to other matters are omitted. a $t ) N THE PROPERTY CONVEYED 403. R. McLeod being then in possession, and the apparent owner. Thedefendant claims title by adverse possession, and also claims that-bya subsequent conveyance to him by Eliza R. McLeod of lot No. _293the title passed to him, and in this connection contends that the deedto Laurie IMcLeod contained no sufficient description of any prop-erty, and that the record of the deed was, therefore, no notice to himof any right in Laurie McLeod. * * * As the deed to Laurie McLeod was first recorded, and as defendantclaims it in fact read when executed, the description of the land wasas follows: Beginning on Market street, between the lot hereby intended to beconveyed and a lot confirmed by the government of the United States 404 DERIVATIVE TITLES (Part 2 to Ambrose R. Davenport; tlience north, 62 degrees 15 minutes west, feet; thence south, 31 degrees west, 60 feet; thence south, 62degrees 15 minutes west, feet, to Market street; t
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