Robertson

Robertson v. Melville

Good Law
1923 Cal. App. LEXIS 41·60 Cal. App. 354·212 P. 723
Court of Appeal of CaliforniaJanuary 4, 1923Civ. No. 3879.California1,986 words

Opinion

Lead Opinion

Finlayson, J.

Defendants, who are husband and wife, appeal from a judgment reforming a deed which the wife, Ida M. Melville, as grantor, had executed to the plaintiff, Helen Robertson, as the grantee. The deed was reformed by correcting a misdescription of the land. The evidence is not in the record, the case coming here on the judgment-roll alone.

The allegations of the complaint are substantially these: The defendant Ida M. Melville was the owner and in possession of a parcel of land in the city of Los Angeles having a total frontage of sixty-five feet. It consisted of lot 3 of the G. M. Lashley tract, having a frontage of sixty feet, and the south five feet of the north 345 feet of the east 117.8 feet of lot 3 of Towner and Garbutt's subdivision of the S-. W. Little tract. All of the property, i. e., lot 3 of the G. M. Lashley tract and the adjoining five-foot strip in Towner and Garbutt’s subdivision, was “offered for sale and actually sold by said Ida M. Melville to the plaintiff Helen Robertson.” The vendor represented to the vendee that she was selling and conveying all of the above-mentioned property, and at all times referred to the property sold as having a total frontage of…

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