Wilkinson v. Webb
Mississippi Supreme Court
Peom tbe circuit court of Tallabatcbie county. Hon. P. A. Montgojiebt, Judge. Tbe opinion states tbe case. If tlie description employed in tie several deeds under review expresses only a latent ambiguity, it must be treated as sufficient under tie agreement of counsel, as it could be readily shown by parol evidence to wiat land it was intended to have application. But tie description, “Lot 36, in tie town of Webb,” is patently ambiguous.
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Peom tbe circuit court of Tallabatcbie county. Hon. P. A. Montgojiebt, Judge. Tbe opinion states tbe case. If tlie description employed in tie several deeds under review expresses only a latent ambiguity, it must be treated as sufficient under tie agreement of counsel, as it could be readily shown by parol evidence to wiat land it was intended to have application. But tie description, “Lot 36, in tie town of Webb,” is patently ambiguous. Ilaughton v. Sartor, 71 Miss., 357; 2 Am. & Eng. Ene. L. (2d ed.), 288, 289. Tie case of Peacher v. Strauss, 47 Miss., 353, relied o-n by appellee, is, we…
1Opinion of the CourtTerral, J.
The plaintiff sued the defendant, in ejectment, for lot No. 36, in the town of Webb, Tallahatchie county, state of Mississippi. The case was submitted to the court without a jury, and it found a verdict for the defendant, and entered judgment accordingly.
To maintain his cause, the plaintiff, among other evidences of title, introduced a deed of trust executed by T. S. Crow to W. T. Marshall, trustee, describing the lot sued for as “Lot 36, in the town of Webb, Tallahatchie county, Miss.,” and it was objected to for uncertainty, because it did not describe the lot as being in the state of…
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- Harding v. StrongIllinois Supreme Court · 1866
- Porterfield v. ButlerMississippi Supreme Court · 1872
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