Golden v. Pilchuck Tribe No. 42, Improved Order of Red Men

Citations

• 71 Wash. 581
• 129 P. 93
• 1913 Wash. LEXIS 1370

Syllabus

<p>Deeds — Description—Construction—Whole Interest or Moiety. Where a grantor conveyed “his one-half undivided interest” in four lots “and” two other lots, in which last two he held the whole title, without specifying whether he intended to convey the whole or only a half interest in the last two lots, the deed must be construed to convey only a half interest therein, as against a subsequent dona fide purchaser.</p> <p>Vendor and Purchaser — Bona Fide Purchaser — Constructive Notice — Payment of Taxes by Joint Owner. Payment of taxes by a grantee in a deed which was ambiguous as to whether it conveyed a half or the whole interest, is not a circumstance pointing to a construction of the deed of which a subsequent dona fide purchaser need take notice; especially in view of the fact that payment of taxes by a joint owner is no evidence of claim of title.</p> <p>Deeds — Ambiguity—Construction Against Grantor. A strict construction of a deed against a grantor will not be indulged where the description was not so ambiguous as to call for extrinsic aid, and other rules did not fail, and where no possession was taken under the deed.</p> <p>Executors and Administrators — Sales—Caveat Emptor. The rule of caveat emptor applied to administrator’s sales where no rights of persons under disability are involved, applies only to want of power to sell, and does not prevent reliance on the title of the deceased at the time of bis death, as disclosed by the records.</p> <p>Gose, J., dissents.-</p>