Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-12-04
Frenmor Coffin. for respondent
Alfred Chartz, for appellant.


y -. !
rms action was brought by =. +. Ad-
ans, as plaintiff, against Archin Baker
ana Lucy Baker, his wife. AZ defendants
ne "bjert Of the action was to secure the
reformation ana foreclosure Of an alIeoad
mortgage executed hy Archie Baker to
said plaintiff.
ihe plaintiff alleges in his colnpI3jn-,
III substance, and in brief that OH the OH
day of October, 1895, the defendant Archie
Baker Was indebted to the plaintjfT in the
sum OF MOLD, and executed and delivered
90 PiaihiIit his certain promi~sorv note for
-"id sum on said day; that at the time of
III" execution of said note said l,t.u.la,,t
Archie Baker. the better to sect,ro the
payment OF the same. executed to 1,aiut-
III MS certain mortgage, a copy Of which
Is attached t. the complaint and made
part thereof a. an exhibit: that the tr,o
description Of the land and prarui.n4 in
tended to be described and embraced in
sad mortgage is as follows; "AII tbar
portion Of Block Sjxty-four OF Pro.to,.
ana Green's Division Of Carson rit<.
'ImobH County, State OF Nevada do-
NrIbed as follows: c0mInonrinr at tI,,.
SoHth-weNt corner Of said Block Sixtv-
Io"f' where the East line of Nevada
'0tFret Int"rNoctS the North line Of Robin
son street, rs sad streets are laid down
Oh the official map of said city, runnirg
thence North along the East line of Me-
Vada street eighty eight feet. thence at
IL angles east parallel with the North
Hhe OF Robinson Street a distance of
SeNehtY-iour feet; thence at RIGHT ANGLES
south eighty-eight feet to the North limo
"I koblnSon Street; thence West alono
tne y or'h line of Robinson Street to the
pAace" pegInnlng;' that by an oversight,
lhaaVertence, or mistake said pronertv
was described in said mortgage as fol-
lows: The property at the southwest
corner of the Block in Carson citv
sad county and State. of which Smear
street is the Western boundary and
ROBINSON Street the Southern bound-
ary, commencing at the corner of tho
nlock at the intersection of Spear and
hoplhSon streets; thence Easterly along
'ie Noflh line Of Robinson Street one
hundred feet; thence at right ANGLES
Northerly at right angles with Robinson
street seventy-four feet; thence Westerly
parallel with Robinson Street one hmm
urea leet to Spear Street, thence Southerlv
'"''ig 'he East line of Spear Street seven /
'H-iouf feet to the place of beginuinr.,, |
'ndC Nevada Street and not Spear Street |
''iils the Western boundary of said land |
ana premises, and that Spear Straat ;S +bo
i'rS' street South Of Robinson Street and
'"uli'hS parallel therevi h: that defand-
ant Lucy Baker is the wife Of the dofond
'ht' Archie Baker, and that said deford
ants nave at all times herain ,,,,t;,
resided upon said land and promises. and
nave occupied the same as a hnuastoo,3.
thaI SAID Lucy Baker claims sona i,4o.
est IN SAID land and premises nv ro,so,,
Oh having filed a declaration of ho,,,o
stead thereon since the .exnc,,+io,,
cor ddiIoh OF said mortgage: that at tbo
time OF and before the filing of said doa
'aiatioh oi homestead, she had notica a,a
knowledge of the fact of said indob+o,,
ness of Archie Baker to tho ,,1;,,+;4. -
vi me eXecu Il IN ol I'd ,9te and mort
gage To secure the "a. a, a:1 of tho cold
oversight, lladvertauCt, or mistake in tho
description of the premises intended 70
ne described therein. and that sbo -,
and notice that said MORTGAGE
WAS intended to embrace and covar hy.
correct description of the property occu-
pea by said defendants AZ Homestead