2005 California Code of Civil Procedure Sections 2074-2077 CHAPTER 1. EVIDENCE IN PARTICULAR CASES

CODE OF CIVIL PROCEDURE
SECTION 2074-2077

2074.  An offer in writing to pay a particular sum of money, or to
deliver a written instrument or specific personal property, is, if
not accepted, equivalent to the actual production and tender of the
money, instrument, or property.
2075.  Whoever pays money, or delivers an instrument or property, is
entitled to a receipt therefor from the person to whom the payment
or delivery is made, and may demand a proper signature to such
receipt as a condition of the payment or delivery.
2076.  The person to whom a tender is made must, at the time,
specify any objection he may have to the money, instrument, or
property, or he must be deemed to have waived it; and if the
objection be to the amount of money, the terms of the instrument, or
the amount or kind of property, he must specify the amount, terms, or
kind which he requires, or be precluded from objecting afterwards.
(2077.)  Section Two Thousand and Seventy-seven.  The following are
the rules for construing the descriptive part of a conveyance of real
property, when the construction is doubtful and there are no other
sufficient circumstances to determine it:
   One--Where there are certain definite and ascertained particulars
in the description, the addition of others which are indefinite,
unknown, or false, does not frustrate the conveyance, but it is to be
construed by the first mentioned particulars.
   Two--When permanent and visible or ascertained boundaries or
monuments are inconsistent with the measurement, either of lines,
angles, or surfaces, the boundaries or monuments are paramount.
   Three--Between different measurements which are inconsistent with
each other, that of angles is paramount to that of surfaces, and that
of lines paramount to both.
   Four--When a road, or stream of water not navigable, is the
boundary, the rights of the grantor to the middle of the road or the
thread of the stream are included in the conveyance, except where the
road or thread of the stream is held under another title.
   Five--When tide water is the boundary, the rights of the grantor
to ordinary high-water mark are included in the conveyance.  When a
navigable lake, where there is no tide, is the boundary, the rights
of the grantor to low-water mark are included in the conveyance.
   Six--When the description refers to a map, and that reference is
inconsistent with other particulars, it controls them if it appears
that the parties acted with reference to the map; otherwise the map
is subordinate to other definite and ascertained particulars.


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