Crouse-Prouty
Crouse-Prouty v. Rogers
Opinion
Lead Opinion
Conrey, J.
This is an appeal by the defendants from a judgment quieting plaintiff’s title to the lot described in the complaint, and from an order denying the motion of defendants for a new trial. There was a former trial of the action and a decision by this court affirming an order granting a new trial. In that decision there is a statement of facts, and we will repeat here that portion thereof which is identical with the facts proved at the second trial ( 13 Cal. App. 561 , [ 110 Pac. 142 ]):
It will be noted that in its former decision this court assumed that the deed of Garvanza Land Company to the plaintiff contained a sufficient description to identify the land described in the complaint, and that the record thereof was sufficient to impart constructive notice. Nevertheless, the defendants continue to insist that the description in that deed was not sufficient for the purpose of passing title. That description, so far as the name of the tract was concerned, did not name the tract as ‘ ‘ Garvanza Addition No. 1, ’ ’ but located the tract “at Garvanza.” Also the deed referred to a map made by W. F. McClure in April and May, 1886, as a map recorded in Miscellaneous Records, book 9, at…