Hart

Hart v. Walton

Good Law
1908 Cal. App. LEXIS 96·9 Cal. App. 502·99 P. 719
Court of Appeal of CaliforniaDecember 8, 1908Civ. No. 515.California3,399 words

Opinion

lead Opinion

Burnett, J.

The action was brought to reform a deed. Plaintiff alleges that' on the second day of November, 1893, defendant was the owner of certain lands in Mendocino county, consisting of two hundred acres, which are described in paragraph 1 of the complaint; that on said date the defendant agreed to sell, and did sell, said real property to one Mrs. Louise D. Milks; “that on the said 2nd day of November, 1893, the said defendant made, executed and delivered his deed of conveyance intending to convey and describe the lands hereinbefore in paragraph 1 of this complaint set forth and described and no other. And said Mrs. Louise D. Milks received said deed fully believing that said deed conveyed the lands which she had purchased, to-wit: the real property described in paragraph 1 of this complaint and no other. That by a mistake of both parties to said instrument the said deed of conveyance did not truly or correctly describe the premises sold and intended to be described therein but said deed of conveyance described certain of the property intended to be conveyed but failed to include within the description certain other lands intended to be described therein.” Then follows a copy of the…

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