Moore

California Pacific Title Co. v. Moore

Good Law
1964 Cal. App. LEXIS 965·229 Cal. App. 2d 114·40 Cal. Rptr. 61
Court of Appeal of CaliforniaAugust 11, 1964Civ. 10826California1,121 words

Opinion

Opinion

Moor, J.

Defendant Teresa H. Moore appeals from a judgment reforming a deed.

(For the purpose of clarity the land involved will be described as parcel 1—a large piece of land composed of parcels 2 and 3.)

In February 1961 defendant purchased some land from the Sutton Pumphrey Company. The deed, drawn by plaintiff title company, described parcel 1. A month later defendant received a letter informing her that an error had been made and that the deed should have described only parcel 2. Defendant had recorded her deed. ' When she refused to agree to a reformation, plaintiff brought this action.

Plaintiff’s case was substantially as follows:

Plaintiff’s search file in the present case was No. 300394, and the area to be searched was parcel 2. The base file which covered the larger tract, parcel 1, was No. 167593. Mrs. Brebner, plaintiff’s employee, testified that when she drafted the deed to defendant she had mistakenly used the property description contained in the base file No. 167593, instead of the description of the smaller parcel 2.

The evidence is clearly sufficient to support a finding that plaintiff had been requested to search and draft a deed for parcel 2 and had mistakenly…

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