Seiber v. Oles
Seiber v. Oles
Opinion of the Court
delivered the opinion of the court, October 5th, 1885.
Prior to October 29th, 1831, Evered Oles and Mary his wife each separately acquired title in fee to an undivided moiety of a certain farm of which Richard Bell, Mrs. Oles’ father, died seised in 1823. On that day Oles and wife united in a deed conveying an undivided moiety of the farm to Jacob
If the deed of October 29th, 1831, vested in Christy the undivided moiety which Mrs. Oles had separately acquired under the will of her father and by conveyance from two of her sisters, it is conceded that her husband by virtue of the deed from Christy became sole owner in fee of the land, and hence the title of his devisee is perfect. The learned president of the Common Pleas so construed the deeds and directed a verdict in favor of plaintiff below for the unpaid purchase money. In this we think he was clearly right. It cannot be presumed the parties to the first mentioned deed intended to do a vain and utterly useless act, as would have been the case had they conveyed the undivided moiety of the husband to Christy to be by him immediately reconveyed to his vendor. On the other hand, if they intended to vest the entire title in the husband, we can readily understand why the wife’s moiety should be first vested in Christy and then conveyed by him to Mr. Oles. This construction of the deed also harmonizes with the recitals of title therein contained. After describing the farm by courses and distances, it is in substance declared to be the same land of which Richard Bell died seised, testate, etc., and which became vested, as to one moiety thereof, in his daughter Mrs. Oles, and, as to the other moiety, in her sister, Mrs. Crozier, thus tracing title, as to one moiety, into Mrs. Oles, one of the vendors, and, as to the other, into Mrs. Crozier, a stranger to the conveyance in question. The deed is entirely silent as to any personal interest of Mr. Oles in the land, and it is only by resorting to the deed of Mrs. Crozier and her husband that we are informed of the previous pur
In some exceptional cases, extrinsic evidence may be offered to show the intent of grantors in a deed of conveyance, but when, as in the case before us, their intention is expressed with sufficient clearness in the deed itself, evidence of extraneous facts is inadmissible. Such evidence was neither offered nor required in this ease. We are satisfied the deed of Oles and wife to Christy was properly construed in accordance with the general rule that a deed must be construed ex viseeribus suis.
It is claimed that unpaid charges and incumbrances on the land under the will of Evered Oles, which were overlooked by the court, should be paid out of the purchase money. If there is any error in that regard, it is merely clerical, and will be corrected by the court below. The learned counsel for defendant in error have declared their willingness to make the necessary correction.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.