Parker

Parker v. Hardisty

Caution
1921 Cal. App. LEXIS 503·54 Cal. App. 628·202 P. 479
Court of Appeal of CaliforniaOctober 21, 1921Civ. No. 2367.California2,934 words

Opinion

Lead Opinion

Burnett, J.

The opinion of the trial judge, which is set out in respondents’ brief, seems to us to be a clear and satisfactory exposition of the facts and of the legal principles involved in the case, and we hereby adopt it, as follows:

“This is an action to vacate a judgment of this Court heretofore rendered by Judge MeSorley and entered on January 24, 1910. The facts upon which plaintiffs seek relief are in substance as follows:

“On March 29, 1895, one Robert Reed Jenkins was the owner of 1350 acres of agricultural land in Calaveras County, one lot in Camp Seco, and four lots in the city of Stockton. Upon that day he executed a gift deed whereby he apparently attempted to convey all of this property to his wife, Julia. The deed refers to the land conveyed as ‘ containing 1350 acres.’’ Jenkins was the owner of the south half (%), the fractional northwest 'quarter (%,) and the fractional southwest quarter (%) of the northeast quarter of Section 16, but in the deed to his wife the word ‘of’ was interpolated after the words ‘the south half (%),’ which had the effect of eliminating from the description the south half, and the north one-half of the north-west quarter of the section. Of the…

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