Ball v. Nichols
California Supreme Court
Appeal from a judgment of the Superior Court of Nevada County. The action was "brougnt" to procure the reformation of a deed executed to the defendant Nichols by the grantor of the plaintiff, on the ground that the description contained therein, by a mutual mistake of the parties, included other land than that intended to be conveyed. Subsequent to the execution of the deed, the defendant Nichols mortgaged the land to one Genasci, as the guardian of certain minors.
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Appeal from a judgment of the Superior Court of Nevada County. The action was "brougnt" to procure the reformation of a deed executed to the defendant Nichols by the grantor of the plaintiff, on the ground that the description contained therein, by a mutual mistake of the parties, included other land than that intended to be conveyed. Subsequent to the execution of the deed, the defendant Nichols mortgaged the land to one Genasci, as the guardian of certain minors. Genasci was made a defendant in the action, and was designated in the caption of the complaint “ as guardian.” The body of the…
1Opinion of the Court
Foote, C.
This is an action- to reform a deed for misdescription of land conveyed by- it, and to quiet title. It was tried upon the issues raised by an amended complaint of the plaintiff, the answer of the defendants, and a cross-complaint by one J. H. Nichols, and the answer of the plaintiff thereto; the amendments to which latter pleading have been omitted from the transcript, but supplied upon suggestion of a diminution of the record. Judgment was rendered for the plaintiff, and from it Nichols alone of the defendants appeals. A point made by his counsel is, that the complaint is…
2Cases cited1 opinion
- Webb v. ClarkCalifornia Supreme Court · 1884
3Cited by2 opinions
- People Ex Rel. Hardacre v. ReaCalifornia Court of Appeal · 1905
- School District No 15 v. FlaniganSupreme Court of Colorado · 1901