Smart v. Huckins

The case involves the construction to be given the words “extending in a straight course” in the Leavitt deed as mean ing at right angles to the check lines of lot 5 or as meaning in the same direction as the course N. 84° W., which forms either all or a part of the northerly boundary line of the land in lot 7 conveyed by the deed.

The submission of the construction to the jury, by the trial court, does not affect the merits of the motion for a directed verdict. What the deed means and its effect are questions of law or are to be treated as such, and they are accordingly presented here by the…