Board of Transportation v. Pelletier

HEDRICK, Judge.

Defendants Lewis agree that the land in dispute is embraced within the metes and bounds description contained in Pelletier’s Registered Land Certificate. They bottom their claim, however, on the fact that the disputed land is not included in “Tract No. 2 of the division in 'Jelser, et al. vs. Newby, et al.,' Special Proceeding No. 415.” Defendants Lewis realize that their claim must fail if the disputed land was in fact intended to be covered by the description in the land certificate.

In construing a deed description it is the function of the court to determine the true intent…