Welsher

Welsher v. Glickman

Good Law
1969 Cal. App. LEXIS 2253·272 Cal. App. 2d 134·77 Cal. Rptr. 141
Court of Appeal of CaliforniaApril 21, 1969Civ. 32633California2,840 words

Opinion

Opinion

Dunn, J.

Under date of September 14, 1953, defendants Leon and Hada Harriton, husband and wife, and defendant Florence (Harriton) Gliekman deeded to plaintiffs Burdette and Iona Welsher, husband and wife, certain real property located in the City of Los Angeles. The deed to plaintiffs recited the reservation of an easement of way across the property, also excepting oil, gas and mineral rights from the grant, "... together with the right to enter upon said land for removing same.” Defendant Leon Harriton retained property adjoining the property deeded. In February 1955, Harriton deeded to his daughter, Florence, and her husband, Emanuel Gliekman, all his interest in such adjacent property.

The description of the common boundary between the properties was erroneously set forth in the deed to plaintiffs and on July 26, 1966 they initiated the present action by filing a complaint to: (1) quiet title as against whatever interest in their property the defendants might claim, and (2) to reform the deed. By their answer (and again by stipulation at trial) defendants admitted the boundary line had erroneously been described in the deed and that it should have been as plaintiffs contended. However,…

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