Dunning Brothers Co. v. Johnson

[398]

NICOL, P. J.,

pro

tem.

This is an appeal from a judgment of the superior court of Yuba County quieting title of plaintiff to three lots in the city of Marysville and correcting a mistake in the description of the said lots as contained in a judgment entered in the case of

John Martin

v.

Chester A. Smith et al.

On December 4, 1914, the defendant Waldo S. Johnson purchased at a tax sale made by the tax collector of the said city of Marysville the three lots in question and received a certificate of sale for the same. Thereafter in December, 1915, Johnson demanded a deed for the lots in accordance with the certificate of sale and John Martin, then the owner of the lots, brought suit to quiet his title to the same and also to cancel the said certificate of sale. Judgment was entered in favor of Martin from which Johnson appealed to the supreme court and the judgment was affirmed on September 5, 1918.

(Martin

v.

Smith et al.,

178 Cal. 812, [175 Pac. 16].)

On September 12, 1917, Martin and his wife deeded the lots in question to Dunning Brothers Company, the plaintiff in the present action. At the time of the making of this deed it was discovered for the _ first time that there was a mistake in the description of the lots as contained in the pleadings and judgment in the said ease of

Martin

v.

Smith et al.

in this, that throughout all the proceedings in said ease as well as in the judgment the lots were described as lots 2, 3, and 4 of block 1, in range letter “J,” instead of in range letter “I,” as the lots, blocks, and ranges are laid down, numbered, and designated upon the record map of said city of Marysville. The present suit was subsequently commenced to quiet plaintiff’s title to the lots and for a decree correcting the mistake contained in the said judgment.