Mccartney v. Dennison

Citations

• 101 Cal. 252
• 35 P. 766
• 1894 Cal. LEXIS 1020

Syllabus

<p>Foreclosure of Mortgage—Description of Property—Variance Between Complaint and Decree—Certainty.—Where the description of mortgaged premises in the complaint of foreclosure describes the property as “the south quarter of the east half of the north half of the northeast quarter of section 18 ” of a certain township and range, “ containing ten acres of land,” and “ also the six acres of land having the same length east and west, being of uniform width north and south, and lying immediately south of and adjoining the first above-described parcel,” the whole parcel being “eighty rods in length from east to west, and thirty-two rods in width from north to south,” and the description in the decree describes it as “the south ten acres of the northeast quarter of the northeast quarter, and the north six acres of the southeast quarter of the northeast quarter of section 18,” of the same township and range stated in the complaint—the two descriptions describe exactly the same piece of land, and the description in the decree is not void, for uncertainty.</p>