Mccartney

Mccartney v. Dennison

Good Law
101 Cal. 252·1894 Cal. LEXIS 1020·35 P. 766
Supreme Court of CaliforniaFebruary 6, 1894No. 19304California474 words

Opinion

lead Opinion

McFarland, J.

This was an action to foreclose a mortgage, and defendants appeal from a judgment in favor of plaintiff.

The appeal is taken upon the judgment-roll alone, which shows merely the complaint, demurrer thereto, and the judgment. The only point made is, that the description of the mortgaged premises in the decree is different from that set forth in the complaint. The description in the complaint, after giving the county and state, is as follows: “ The south one-fourth (¼) of the east one-half (½) of the north one-half (½) of the northeast one-fourth (¼) of section 18” of a certain township and range, “ containing ten (10) acres of land. Also the six (6) acres of land having the *253 same length east and west, being of uniform width north and south, and lying immediately south of and adjoining said first above-described parcel, the whole parcel contained in both said descriptions being eighty rods in length from east to west, and thirty-two rods in width from north to south.” The description in the decree is as follows: “ The south ten acres of the northeast quarter of the northeast quarter, and the north six acres of the southeast quarter of the northeast quarter of section eighteen…

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