Legal Opinion · Dissent

Chisolm v. Mapp

District Court of Appeal of Florida

Decided June 14, 1977No. 76-559Published

1DissentLetts, Judge

Regardless of whether or not the various testimony by buyer or sellers’ agents should have been admitted at trial, we have, at best, predictable, self serving and conflicting testimony from both sides, each proclaiming what the dead grantor intended. As against this, there is the plain unambiguous and inescapable language of a warranty deed which excluded the fifteen feet in question. Were such fifteen feet a totally illogical retention by the grantors, I might be otherwise disposed; however, the strip in question provides a direct easement, from land still owned by the grantor, to a…

2Cases cited2 opinions

  1. Sobel v. LobelDistrict Court of Appeal of Florida · 1964
  2. Rucks v. AnsinDistrict Court of Appeal of Florida · 1967

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