Huber

The material questions in this case are: 1st. Whether or not the Kochs were necessary parties to the action; 2d. Is there any equity in the plaintiff’s complaint in the absence of an explicit averment that the plaintiff is ready and able to reconvey or to cause to be reeonveyed to the defendant the title to the land alleged to have been erroneously included in the deed from Robles to the Kochs? 3d. If the Kochs were necessary parties, was it competent for the defendant to waive their nonjoinder as defendants, and have they done so?

In examining these questions, it becomes material to ascertain: 1st. What land, if any, was actually conveyed by Robles to the Kochs, by the deed which is alleged to have contained an erroneous description; and 2d. If any land was *477 tbns erroneously conveyed, whether the plaintiff has succeeded to all the title which the Kochs acquired by the erroneous deed, and is in a position to restore it to the defendant.

It is not controverted that the land which the Kochs purchased and which Kobles intended to convey to them, commenced at the southeast corner of the De Zaldo tract, and was to run thence southerly two thorisand varas; thence westerly fourteen…