Coleman

The plaintiff was given judgment for the balance alleged to be due on a contract, by the terms of which she agreed to sell and the defendants agreed to buy a tract of land and some personal property for the sum of $44,850. This appeal is from the judgment. The land is described in the contract as follows:

Prior to the execution of the contract the plaintiff furnished the defendants an abstract of title, which they submitted to their attorney for examination. His report to them contained the following: “On March 1, 1917, Arthur E. Leitch executed a deed to Ada Isabelle Patterson, . . . the description of which overlaps on this property described in the abstract. This places a cloud upon the title to this property, but to what extent I am unable to ascertain from the abstract. ’ ’ The description contained in the contract includes a part of the present channel of the Stanislaus Eiver and about a half acre on the north side of the river, there being something over four acres in all lying north of the south bank of the river. The land described in the Leiteh deed is bounded on the south by the middle of the river and overlaps that part of the plaintiff’s land lying between the north…