Seegelken

The action is ejectment to recover “lot 4 of section 30, in township 15 south, of range 3 east, M. D. M.,” situate in the county of Monterey, the complaint being in the usual form, but not verified.

The answer “ denies generally and specifically each and every allegation in the said complaint.”

The defendant also filed a cross-complaint, in which he alleged, substantially, the following facts: That on June 17, 1885, Frederick Egan executed to defendant a quitclaim deed for land therein described as follows: “ All that part of lot 5 in section 30, of township 15 south, of range 3 east, M. D. M., according to the public land surveys of the United States, which lies to the south and west of a certain ledge of rocks on the easterly side of and running along a ravine which crosses said lot 5 in a direction southeasterly and northwesterly.”

This deed was acknowledged and recorded on the day of its execution.

It is then alleged “ that the description therein [in ' the deed] given of the premises intended to be conveyed was erroneous, in this: that a portion of the land intended to have been conveyed by said Egan in said deed lay in lot 4 of the same section, but at the time said deed…