Brewer v. Houston
California Supreme Court Jul 1, 1881 No. No. 7,221Published
Synopsis
Construction of Patent—Mistake—Location—Boundary.—In an action to quiet title, the plaintiff claiming under a State patent:
Held, That a mistake made in omitting to insert a course in the patent could not be corrected in this action.
The Court : We have examined the transcript in this cause, and find no error in the ruling of the Court below. The nonsuit was properly granted. If a mistake was made in failing to insert a course in the patent issued to P. S. Van Rensselaer and bearing date the 9th day of August, 1873, wé can not see how it can be corrected in this action.
Judgment and order affirmed
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