Diffendorf v. Pilcher

JENNINGS, J.

Plaintiffs instituted the present action alleging in their complaint that they owned and held legal title to a large number of parcels of real property specifically described and that defendants claimed some interest in said property adverse to plaintiffs’ ownership, which claims of interest were alleged to be without legal right, constituting clouds upon the title of plaintiffs. Plaintiffs prayed to have'their title quieted against defendants and that it be decreed that they are the rightful owners of the land. Defendant Murray Innes answered the complaint, admitting that he claimed an interest in the real property described in plaintiffs’ complaint by reason of the execution of a certain agreement between himself and plaintiffs whereby plaintiffs agreed to sell to him the land in question for a certain consideration, alleged that the agreement was in full force and effect and that plaintiffs had failed, neglected and refused to furnish a deed and certificate of title to the property and prayed that the action be dismissed.

The trial of the action resulted in a judgment in favor of plaintiffs quieting the title of plaintiffs to the land described in the complaint. From the judgment so rendered defendant prosecutes this appeal.

The sole question involved in this appeal relates to the sufficiency of the description of the real property contained in the agreement entered into between the parties on February 18, 1926. This description is as follows:

[272]

“The ranch belonging to said first parties located at Sorrento, in the Soledad Valley, San Diego County, California, a portion of said ranch being located in the City Limits of the City of San Diego, said ranch containing approximately one thousand acres of land and being commonly known as the Baker Ranch. ’ ’

It is the general rule that less strictness in the description of property is demanded in a contract than in a deed of conveyance

(Wright

v.

L. W. Wilson Co.,

212 Cal. 569 [299 Pac. 521] ;