Kengel

Kengel v. Stuart

Good Law
1918 Cal. App. LEXIS 169·38 Cal. App. 528·176 P. 874
Court of Appeal of CaliforniaOctober 30, 1918Civ. No. 2586.California1,055 words

Opinion

Lead Opinion

James, J.

This is an appeal presented on the judgment-roll and is taken by the plaintiffs from a judgment entered in favor of defendants, quieting title to a small parcel of land. It is contended that on the findings of fact made by the court' the judgment cannot be maintained. The findings are somewhat prolix, and in some portions thereof, particularly in paragraphs VIII, X, and XI, the land is misdescribed, the word “east” being used twice instead of “west.” As this misdescription is plainly ,an error, and as other portions of the findings correctly state the terms of description, it may be taken that there is no dispute in regard to that matter.

Abstracting the facts found by the court, the case may be briefly stated: In the year 1897, one Knutson was the owner of a rectangular plot of ground containing 5.10 acres. On April 24, 1897, Knutson deeded to one Tasker the “east 2 acres” of said land, and on August 8, 1904, Tasker, by same deed description, conveyed the said two acres to defendants here. It will be seen, then, that after the conveyance to Tasker there remained of the plot of ground in the ownership of Knutson the west 3.10 acres. However, in 1899, Knutson conveyed to one…

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