Leonis

Leonis v. Lazzarovich

Good Law
55 Cal. 52
Supreme Court of CaliforniaJuly 1, 1880No. 7,024California2,538 words

Opinion

lead Opinion

Morrison, J.

This action is brought to correct an alleged mistake in a deed executed by appellant and her husband, to certain lands situate in the County of Los Angeles. The foundation of the complaint is, that other lands, in addition to those described in the deed, were meant and intended to be included therein, but were, by mutual mistake, omitted. It is in the exception clause in the deed that the mistake is said to have occurred.. The language of the deed is: “ Excepting from the operation of this conveyance, all those lots of land contained in blocks X and Y of the Mount Pleasant Tract, a description of which tract is contained in a map made by Moore & Kellcher, of said tract, and recorded in the County Recorder’s office.”

This is claimed to be a mistake, and instead thereof the exception should have been as follows: “Excepting from the *54 operation of this conveyance, all those lots of land contained in block X and block Y of the Mount Pleasant Tract, which had been already sold and conveyed by the parties of the first part hereto, before the execution by them of a certain mortgage of said lots to the party of the second part hereto, dated June 19th, 1876, and recorded in the Los…

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