Legal Opinion

Adolfo C. Sgambelluri and Dorothea G. Sgambelluri v. Theodore S. Nelson

Court of Appeals for the Ninth Circuit

Decided August 6, 1973No. 72-2670PublishedCited by 3 opinions

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

  1. Grimm v. GrimmCalifornia Supreme Court · 1945
  2. Edwards v. City of Santa PaulaCalifornia Court of Appeal · 1956
  3. Mesick v. SunderlandCalifornia Supreme Court · 1856

4Cited by3 opinions

  1. In Re WilsonUnited States Bankruptcy Court, D. Kansas · 1983
  2. Green v. Rosin (In re Rosin)United States Bankruptcy Court, M.D. Florida · 1998
  3. In re Trust Created by HabermanNebraska Court of Appeals · 2016

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