Redd

Action to quiet title. The plaintiff recovered judgment in the superior court, and the defendants appeal. The plaintiff claims the land in controversy by virtue of a deed made to her by the defendant J. P. Murry, in June, 1871, in which the land conveyed to her is described as “situate, lying, and being in Porterville, county of Tulare, state of California, and bounded and particularly described as follows, to wit: on the north, two hundred and forty feet on Mill Street; on the east, one hundred and ten feet on a thirty-foot alley; on the south, two hundred and forty feet on an alley; on the west, one hundred and ten feet by a thirty-foot alley; and being all of lots Nos. one, two, three, and four, all of block No. eight, as per' plat of Johnson & Murry’s addition to the town of Porterville, Tulare County, California.”

The defendant Martha Murry is the wife of plaintiff’s grantor, and bases her claim to the land in dispute upon a deed made to her by her husband subsequently to the execution of the above-mentioned deed to plaintiff.

1. Plaintiff’s deed is not upon its face void for uncertainty, as claimed by appellants, and parol evidence was properly admitted for the purpose of…

I dissent, and adhere to the former opinion.

The following is the opinion above referred to by Mr. Justice McFarland, rendered in Bank on the 12th of September, 1890:

This is a suit to quiet title to a parcel of land described in the complaint as follows: “ Situate in the county of Tulare, state of California, described as follows, to wit: On the north, two hundred and forty feet on Mill Street; on the east, one hundred and ten feet on a thirty-foot alley; on the south, two hundred *55 and forty feet on an alley; on the west, one hundred and ten feet by a thirty-foot alley; and being all of lots Nos. one, two, three, and four, all of block No. eight, as per plat of Johnson & Murry(s addition of the town of Porterville; said land being described, with reference to plats of the town of Porterville now on file in the recorder’s office of said Tulare County, as commencing at a point on the south boundary of Mill Street thirty feet east of the northeast corner of lot five, in block twenty, of the old town of Porterville; thence running easterly along said boundary line two hundred and forty feet; thence southerly at right angles one hundred and ten feet; thence westerly at right…