Houghton
Houghton v. Kern Valley Bank
Opinion
Lead Opinion
Chipman, J.
The action originally was in partition and involved numerous different lots of land owned by many different persons. Bespondent, Ng Hon Kim, filed a complaint in intervention in the nature of an action to quiet title, alleging ownership in fee of certain three of the lots situated in the city of Bakersfield, Kern County. Intervener had judgment in his favor from which plaintiff and defendants appealed to the supreme court.
The judgment and order denying motion for a new trial in favor of intervener were reversed. ( 157 Cal. 289 , [ 107 Pac. 113 ].) The complaint described the property as lots 1, 2, and 3, block 132, in the Baker Homestead Tract, according to the map of said tract filed in the office of the county recorder of Kern County, state of California, on the third day of April, 1889. Intervener claimed title under delinquent tax sales. The complaint in intervention described the property as “Lots one, two, and three in block one hundred and thirty-two situate in the city of Bakersfield, county of Kern, state of California, ’ ’ but made no reference to any map. We quote from the opinion: “No map showing the location of any lots or blocks was introduced in evidence. Under…