Iversen v. Terriere

TAIT, Circuit Judge.

This action arose from facts and circumstances substantially as follows: On December 9, 1947, the plaintiff signed and delivered a quitclaim deed to the defendant, Dick Williams. The defendant did not produce the deed upon the trial, but it had been recorded by him in the office of the Register of Deeds of Stanley County on September 26, 1949. This deed, as recorded, purported to convey to the defendant

“the Fence And the EV2 of section twenty-four (24) and

“the Fence And the EV2 of section twenty-five (25) * *

(Emphasis added.)

The plaintiff contends that said quitclaim deed…