Abraham v. Abbott
Oregon Supreme Court
Appeal from Multnomah County. This is an action in ejectment. The appellant heretofore conveyed to the respondent a tract of land by the following instrument: “I have this clay bargained and sold unto the said Annette Abbott the following described real estate, to wit: Commencing at" the north-east corner of the Seldon Murray Donation Land Claim, running thence twenty chains west to a stake; thence twelve chains south to a stake, to the initial point of this description'to a…
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Appeal from Multnomah County. This is an action in ejectment. The appellant heretofore conveyed to the respondent a tract of land by the following instrument: “I have this clay bargained and sold unto the said Annette Abbott the following described real estate, to wit: Commencing at" the north-east corner of the Seldon Murray Donation Land Claim, running thence twenty chains west to a stake; thence twelve chains south to a stake, to the initial point of this description'to a stake; thence west five chains to a stake; thence south eight chains to a stake; thence east five chains to a stake;…
1Opinion of the Court
By the Court,
Boise, J.:
The question to be decided -in this case arises on the construction of the deed set out in the statement of the case. The grantor in this deed being the owner of the land surrounding the tract described in the deed, if he did not intend to grant any interest in these strips will not be presumed to have included them in the deed for the mere purpose of reserving them, if any other reasonable construction can be given to the language of the instrument. Beservations usually impose some burden or easement on the land conveyed, as a right of way or the like. In this case we…
2Cited by4 opinions
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