Meir-Nandorf v. Milner
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action for damages. From judgment for plaintiff, defendant appeals. A deed, in which the description is sufficiently definite to locate the land with certainty, should, as to the land conveyed, be construed from the instrument itself, and such construction is for the court.
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APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action for damages. From judgment for plaintiff, defendant appeals. A deed, in which the description is sufficiently definite to locate the land with certainty, should, as to the land conveyed, be construed from the instrument itself, and such construction is for the court. (Folk v. Graham, 82 S. C. 66, 62 S. E. 1106; Holmes v. Weinheimer, 66 S. C. 18, 44 S. E. 82; New River Mineral Go. v. Pcdnter, 100 Va. 507, 42 S. E'. 300; Brown v. Huger, 21 How. (U. S.) 305, 16 L. ed. 125;…
1Opinion of the CourtDunn, J.
This action was brought by the respondent against appellants to recover $786.18 as damages for the loss of 26.65 acres of land which respondent claims to have been included in a warranty deed made by appellants to her, title to which land failed because of its being a part of a school section belonging to the state of Idaho.
The warranty deed in question conveyed, “All the certain lot, piece, or parcel of land situate, lying and being in the counties of Fremont and Bingham and state of Idaho, and bounded and described as follows, to wit: That certain tract of land commonly known as ‘Bear…
2Cases cited1 opinion
- Martin v. UrquhartSupreme Court of Arkansas · 1904
3Cited by12 opinions
- Gardner v. FliegelIdaho Supreme Court · 1969
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- Palmer v. PalmerSupreme Court of Alabama · 1980
- Roberts v. HummelNevada Supreme Court · 1952
- Green v. K. S. Webster & SonsIdaho Supreme Court · 1955
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