Swan v. New England Mortgage & Security Co.
Swan v. New England Mortgage & Security Co.
Opinion of the Court
delivered the opinion of the court.
The description, “Fractional N. W. corner of S. W. -J of section 6, T. 13, R. 6, containing 33 acres,” is sufficiently certain. A corner is not a square. In the measurement and description of land it has a fixed meaning. As held in Bowers v. Chambers, 53 Miss., 267, where the description was “ 14 acres off of the N. E. corner, E. 1, ’ ’ etc. A corner is “ a base point from which two sides of the land conveyed shall extend an equal distance, so as to include, by parallel lines, the quantity conveyed. ” Counsel for appellee concede that the description would be good, but for the use of the word “fractional.” They make the word ‘‘ fractional ’ ’ qualify the word ‘ ‘ corner, ’ ’ making corner describe the space between the lines, and argue from that assumed premise, with perfect accuracy, that a fractional corner — using corner in that sense — may be so made fractional or broken or irregular, in many ways, and hence it is absolutely uncertain what land was meant to be conveyed, But, as said, a corner, in this use of the word, does not mean a square, but ‘ £ a base point ’ ’ from which to start the measure
Decree reversed, demurrer overruled cmd cause remmided, with leave to answer in thirty days after filvncj of mandate in court below.
Reference
- Full Case Name
- David J. Swan v. New England Mortgage & Security Co.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Deeds. Description. Corner. Land in a legal subdivision described as a corner or fractional corner of the same, containing a certain area, is not void for uncertainty, since the parcel may be located by extending two lines an equal distance from such point or corner so as to include, within parallel lines, the area specified. ^ Bowers v. Chambers, 53 Miss., 367, cited. 3. Same. Contradictoi'y terms. Fractional corner. . Case. The description, “Fractional N. W. corner of S. W. 34 of section 6, T. 13, R. 6, containing 33 acres,” is not void for uncertainty, because of the use of the word “ fractional, ” which should be rejected as without meaning, or treated as modifying the word “section,” rather than as qualifying the word “corner,” which would be a contradiction in terms. 3. Same. Construction. General rule. When reasonably possible, conveyances should be so construed as to render them operative.