Pierce v. Freitas

NOURSE, P. J.

Respondent Rose Yierra Pierce in 1952 instituted a quiet title action with respect to a rectangular parcel of real property with a front of 60 feet on the southwest side of Main Street in Santa Clara. The parcel had been acquired from appellant Freitas. The deposit receipt in respondent’s name dated August 21, 1946, described the parcel as 2052 Main Street only. The deed dated January 4, 1947, was taken in the name of respondent’s son Manuel Yierra. It conveyed also another lot not here involved. It described the front of the rectangular lot in question as follows: “Beginning at a harrow tooth on the southwesterly line of Main Street, distant thereon North 23° 00' West 596.00 feet from the point of intersection of the said southwesterly line of Main Street with the northwesterly line of Reed Street, . . . ,• running thence North 23° 00' West along the said southwesterly line of Main Street 60.00 feet to a stake set at the common corner for Lots 6 and 7 . . .” By a grant deed of July 13, 1948, Manuel Yierra and his wife conveyed the parcel to respondent, the deed containing exactly the same description as the deed from appellant to Manuel Yierra.

It was appellant’s contention that the above description in the deed signed by him was the result of mutual mistake as he had agreed to sell a rectangular lot with a frontage of 55 feet only, the description of which should have read: “Beginning at a harrow tooth on the southwesterly line of Main Street, distant thereon North 23° 00' West

601 feel

from the point of intersection of the said southwesterly line of

[67]

Main Street with the northwesterly line of Reed Street . . . ; running thence North 23° 00' West along the said southwesterly line of Main Street

55.00 feet

to a stake set at the common corner for Lots 6 and 7 . . .” In a cross-complaint appellant sought reformation of the deed accordingly.

In support of his contention appellant relied on the escrow instructions signed by him and Manuel Vierra on January 4, 1947, in which the description of the frontage read: “Beginning at a harrow tooth on the southwesterly line of Main Street, distant thereon North 23° 00' West