Ghiselli
Ghiselli v. Thorstensen
Opinion
Lead Opinion
Richards, J.
This is an appeal from a judgment in favor of the plaintiff and from an order denying a new trial.
The action is in form an action to quiet title to a tract of land, the plaintiff’s alleged title to which rests upon a tax deed. The first contention of the appellants to be considered is that relating to the sufficiency of the description of the land in question as set forth in the complaint to justify the admission of the documentary evidence upon which the title of the plaintiff must rest. The action was commenced prior to the eighteenth day of April, 1906, and the complaint and whatever other papers in the case were then on file were destroyed in the conflagration of that date. In the month of June of the following year the plaintiff upon proper application obtained an order for the restoration of the records in the case, and thereupon filed what purported to be a copy of the original complaint in the action. The description of the property contained in this restored complaint is as follows: “Commencing at a point on the southeasterly of Jessie street distant thereon 203 feet northeasterly from New Anthony street, thence running northeasterly along the said southerly line of…