Ross v. Williams

Citations

• 2 Cal. Unrep. 803
• 15 P. 47
• 1887 Cal. LEXIS 846

Syllabus

<p>Reformation of Deed—Mistake in Description.—A ¡Settler on Public Lands gave a wrong description of the land in his application for a patent, owing to a mistake of the government surveyor in marking the stakes, and a patent for the land issued containing such wrong description. The property, after several conveyances, was conveyed to plaintiff, but the original patentee remained in possession under an agreement with plaintiff by which he was to have the privilege to repurchase the land by a certain time. After the mistake in the description was discovered, plaintiff conveyed the land to the government, and received a patent in the name of the original patentee for the land as actually settled by the patentee. Held, that plaintiff was entitled to a reformation of the deeds from his grantor, and to the possession of the land taken in by the reformation.</p>