Mayberry v. Beck

Citations

• 71 Kan. 609
• 81 P. 191
• 1905 Kan. LEXIS 192

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Conveyances — Description in Deed — Construction. A description in a deed of an acre or other definite quantity of land in the corner of a particular tract will ordinarily be held to mean a square acre in such corner, but if other parts of the description show that a particular parcel less in quantity and different in form was intended to be described the quantity mentioned will not control.</p> <p>2. -Exception in a Deed. Where a deed conveying land contained an exception of an acre- previously conveyed to another out of the northwest corner of the tract mentioned, and it appeared that the part conveyed to such other was fenced, and although usually referred to as an acre was only three-fifths of an acre, the exception will be deemed to cover the part actually conveyed to such other rather than a full, square acre out of the corner of the tract.</p> <p>3. - Latent Ambiguity — Parol Evidence. Where there is a latent ambiguity in the description of the land conveyed by deed parol evidence may be received, not to contradict the instrument but to explain the ambiguity, and to that end testimony as to the situation and condition of the land conveyed, the circumsances under which the conveyance was made and the practical construction put upon the conveyance by the parties may be admitted. . ■</p>