Swan v. New England Mortgage & Security Co.
Mississippi Supreme Court
From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. The opinion states the controlling facts in the case. In the case of Bowers v. Chambers, 53 Miss., 267, it was held that the description, £ ‘ 14 acres off the N. E. corner, E. S. E. -j, section 20,” etc., was sufficiently certain. It would have been just as certain and definite if the description had said: “N. E. corner, E. -J, S. E. section 20,” etc., containing fourteen acres.
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From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. The opinion states the controlling facts in the case. In the case of Bowers v. Chambers, 53 Miss., 267, it was held that the description, £ ‘ 14 acres off the N. E. corner, E. S. E. -j, section 20,” etc., was sufficiently certain. It would have been just as certain and definite if the description had said: “N. E. corner, E. -J, S. E. section 20,” etc., containing fourteen acres. It simply means that in the northeast corner of the east half, etc., there are conveyed fourteen acres of land lying in a square. If the…
1Opinion of the CourtWhitfield, J.
The description, “Fractional N. W. corner of S. W. -J of section 6, T. 13, R. 6, containing 33 acres,” is sufficiently certain. A corner is not a square. In the measurement and description of land it has a fixed meaning. As held in Bowers v. Chambers, 53 Miss., 267, where the description was “ 14 acres off of the N. E. corner, E. 1, ’ ’ etc. A corner is “ a base point from which two sides of the land conveyed shall extend an equal distance, so as to include, by parallel lines, the quantity conveyed. ” Counsel for appellee concede that the description would be good, but for the use of the word…
2Cases cited2 opinions
- Bowers v. ChambersMississippi Supreme Court · 1876
- Selden v. CoffeeMississippi Supreme Court · 1877
3Cited by2 opinions
- Harris v. ByersMississippi Supreme Court · 1916
- Webb v. Mobile & Ohio RailroadMississippi Supreme Court · 1913