Adolfo C. Sgambelluri and Dorothea G. Sgambelluri v. Theodore S. Nelson
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
2Per curiam
The pivotal issues in this case are the construction and legal effect of the document dated February 28, 1964, by which Adolfo C. Sgambelluri (“Adolfo”) “released and quit-claimed” to Ralph C. Sgambelluri (“Ralph”) “All of my interest, both real and personal, in the Estate of Marcelo Sgambelluri, deceased, TO HAVE AND TO HOLD the premises herein granted unto [Ralph] . and [his] assigns.forever.”'
If the instrument were construed as either a grant or a quitclaim deed to real property, it would be void for uncertainty because it fails to describe any particular parcel of real property to…
3Cases cited3 opinions
- Grimm v. GrimmCalifornia Supreme Court · 1945
- Edwards v. City of Santa PaulaCalifornia Court of Appeal · 1956
- Mesick v. SunderlandCalifornia Supreme Court · 1856
4Cited by3 opinions
- In Re WilsonUnited States Bankruptcy Court, D. Kansas · 1983
- Green v. Rosin (In re Rosin)United States Bankruptcy Court, M.D. Florida · 1998
- In re Trust Created by HabermanNebraska Court of Appeals · 2016