Gambrill
Gambrill v. Dworack
Opinion
Lead Opinion
Burnett, J.
On November 23, 1918, Chas. A. Dworack and Adelia Dworack, his wife, deeded to Chas. Van B. Wright certain properties in the city of Madera, this state, and as payment therefor received a note for the sum of $16,000, due on or before two years after date, with interest at the rate of seven per cent per annum, payable annually, secured by a mortgage upon said properties. The properties covered by said deed and mortgage were described in the instrument as lots 2, 3, 4, and 5 in block 23 of the Floto Tract, but through a mutual mistake of fact, lots 6 and 7 of said block were omitted, both in the deed and in the mortgage. On the fourteenth day of October, 1918, one Frank M. Harris and Olive G. Harris, his wife, made, executed, and delivered to one A. L. Gambrill a certain deed to lot 6 and the west half of 7 in block 11 in the city of San Jacinto, county of Riverside. On said twenty-third day of November, following, Gambrill sold to Chas. A. Dworack this property for the sum of $14,000, and in making the transfer the former, with the consent of his grantor Frank M. Harris and the said Dworack, erased his (Gambrill’s) name as grantee and inserted therein the name of Chas. A. Dworack;…