Murphy v. Copeland
Supreme Court of Iowa
Appeal from Buchanan Circuit Cowrt. Action to recover real estate. The plaintiffs are the owners of a tract of land which is described as follows: “That part of the N. W. ¿ of the N. W. J of section 9, township 88 north, of range 8, in Buchanan county, Iowa, commencing at a point where Pine creek crosses the section line between sections 4 and 9, in said township and range, and thence running west, twenty chains and fifty links, to the north-west corner of said section 9,…
Read the full summary
Appeal from Buchanan Circuit Cowrt. Action to recover real estate. The plaintiffs are the owners of a tract of land which is described as follows: “That part of the N. W. ¿ of the N. W. J of section 9, township 88 north, of range 8, in Buchanan county, Iowa, commencing at a point where Pine creek crosses the section line between sections 4 and 9, in said township and range, and thence running west, twenty chains and fifty links, to the north-west corner of said section 9, thence south eleven chains and ninety-six links, thence east to Pine creek, thence north-easterly, up the west bank of…
1Opinion of the CourtAdams, J.
i. degb: <ieconstruction oi' — If the banks of a stream can be regarded as extending to the middle, so that the words “up the west bank” mean the same as the words up the east hank would, then the words west hank, as a call in the deed, lose all significance. But we are not allowed to divest any words of a deed of all significance, if it can be avoided. It is true, if we consider the first line as commencing in the middle of the stream, and the third as ending in the middle, there would be a repugnance in the calls. But while the language used would, if strictly construed, make the first line…
2Cited by6 opinions
- Allen v. WeberWisconsin Supreme Court · 1891
- Commissioners Commercial Waterway District No. 2 v. Seattle Factory Sites Co.Washington Supreme Court · 1913
- Holmes v. HainesSupreme Court of Iowa · 1942
- Murphy v. CopelandSupreme Court of Iowa · 1882
- Kerr v. FeeSupreme Court of Iowa · 1917
1 more not listed; retrieve them via the Exa API.