Pinney

This action concerns a certain parcel of real property in the San Bernardino Mountains, to which we shall in this opinion refer as lot 5. The complaint is in two counts. The first of these alleges the execution of a certain deed to plaintiff’s predecessors by one Schneider and pleads with great particularity facts constituting a cause of action upon the ground of mistake, the alleged mistake consisting of the insertion in the deed of a property description which is not a description of the land intended to be conveyed by the grantor and to be received by the grantee. The second count is a complaint to quiet title in the ordinary form. The prayer is for a reformation of the deed and other documents and for a decree quieting title to the property conveyed by the deed as reformed. The trial court found for plaintiff upon both counts of the complaint and rendered judgment accordingly. Defendant appeals.

The first point made, by appellant is that the evidence in the record is insufficient to support the finding of the trial court that the parties to the deed were laboring under a mutual mistake in inserting in the instrument the property description which it contained, and a…