Breen v. Donnelly

— This is an action to reform a deed. Judgment went for plaintiff in the court below; and from the judgment and order denying a new trial defendants appeal.

The following are the material facts: On and before December 18, 1867, Patrick Breen and James Dunne *303were the owners in fee and in possession, as tenants in common, of a large tract of land containing over forty-eight thousand acres, and known as the Sobrante de San Lorenzo rancho, each owning an equal undivided interest. Prior to said last-named day, they had agreed upon a partition of the rancho, to be accomplished by ascertaining a line…