Gates v. Asher

Mr. Justice Griffin, joined by Justice Brewster,

dissenting.

I find myself unable to agree with the majority opinion that the deed in question furnishes a key, or data, whereby the land sought to be conveyed may be identified.

The majority opinion says "there is no Denver Resurvey No. 2,” and in another portion of the opinion it is stated that-“upon an examination of the records it is disclosed that there is no Denver Resurvey No. 2.” There is only one “Denver Resurvey” found in the records. Therefore, the designation of a Denver Resurvey “No. 2” is false. To determine in what survey the land is…