Labs

Labs v. Cooper

Good Law
107 Cal. 656·1895 Cal. LEXIS 804·40 P. 1042
Supreme Court of CaliforniaJuly 3, 1895No. 18345California635 words

Opinion

Lead Opinion

Henshaw, J.

Appeal from the judgment rendered in favor of defendant in an action to foreclosure the lien of an assessment for street work.

The court found in favor of the plaintiff upon all his averments excepting that of the recordation of the diagram.

The diagram, as recorded, omitted the arrow and the initial letters N., E., S., and W., indicating the points *657 of the compass. The court concluded that there was no sufficient description of the property contained in the recorded assessment and diagram and passed judgment accordingly.

The arguments here urged in support of the sufficiency of the diagram were with few exceptions before this court in San Francisco v. Quackenbush, 53 Cal. 52 , and Norton v. Courtney, 53 Cal. 691 , and there held insufficient.

The purpose of the recordation being to carry notice by an inspection of the record to the owner and all others having dealings with the property that it is subject to a lien, it follows that any variance between the original and recorded instruments which defeats this purpose is material. Per contra, if the diagram and assessment as recorded do contain a sufficient description, then, in this regard, any departure from the original…

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