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· 3/15/1919

Crago v. Vitter

Citations

  • 120 Miss. 103
  • 81 So. 646

Syllabus

<p>1. Vendos and Pubchaseb. Recording as notice. •</p> <p>Where a deed granting to defendant the right to put up a bath «house and wharf in front of the grantor’s property was recorded prior to the purchase of the property by plaintiff or her mother, plaintiff was charged with.notice of the rights conferred on defendant by such deed.</p> <p>2. Easements. Description of property. Sufficiency.</p> <p>In this case the court held that the provisions in the deed granting to the defendant the right to put up a wharf and bath house in front of the property of the grantors on the beach was sufficiently certain in description and conveyed an easement into the waters fronting the beach appurtenant to the lot sold to defendant, and that such grant was irrevocable by the grantor or those claiming under him.</p> <p>3. ■ Same.</p> <p>The court further held that if there was any uncertainty in the description on the deed it was a latent and not a patent ambiguity and could be aided by parol testimony.</p>

Judges: Ethridge

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