McVay

The nature of the action is shown by the following allegation of the complaint; “The defendant, on the twenty-seventh day of August, 1904, intentionally and negligently kindled a fire on said defendant’s land in Colusa County, California, and adjoining the said land of plaintiffs, and negligently suffered said fire to extend beyond its own land, and so negligently watched and tended said fire that it came into the plaintiffs’ said land and destroyed all the property hereinbefore described without any fault or negligence on the part of plaintiffs or either of them, and the loss of plaintiffs by reason of the destruction thereof was the sum of one thousand and twenty-five dollars.”

1. The court committed no error in overruling the demurrer. The property was sufficiently described for identification, and it was located “on lands owned by plaintiffs in township seventeen (17) North, Range One (1) West, in Colusa County,” and adjoining the property of defendant. Defendant could hardly be mistaken as to what property was intended. As to the title it was sufficient to allege “that on the twenty-seventh day of August, 1904, and for a long time prior thereto plaintiffs were the owners of…