Ansley v. Graham

Citations

• 73 Fla. 388
• 74 So. 505

Syllabus

<p>1. Where the State and County are omitted from the description of the lands conveyed in a deed, but the lands are so described that they can be located by -a surveyor, the fact that the grantor and grantee are described as being of a certain county and State, and the deed is acknowledged and recorded in that county, in the absence of anything to the contrary, the presumption is that the land is situated in the county and State where all the parties reside, and where the deed was executed, acknowledged and recorded.</p> <p>2. If a surveyor, by applying the rules of surveying can locate the land, the description is sufficient; and a deed will be sustained if it is possible to ascertain. and identify the land intended to be conveyed.</p> <p>3. Where the evident intention of a grantor can be carried into effect by construing the word “her” before the word “heirs” in the habendum of a deed, to be intended for “their,” such construction will be followed rather than one which defeats the clearly expressed intention of the grantor.</p>