McIrwin v. Charlebois

Citations

• 38 Wash. 151
• 80 P. 285
• 1905 Wash. LEXIS 1137

Syllabus

<p>Boundaries—Mortgages—Description oe Tract—Certainty— Quantity Controlled by Courses and Distances. Where a tract of land, supposed to contain one hundred and twenty-five acres, is mortgaged, describing the same by courses and distances, “excepting, however, twenty-five acres off the north side,” and the mortgage provides that the land “intended to he conveyed contains one hundred acres more or less,” evidence aliunde the mortgage is not admissible to show the intention of the parties, after discovering that the tract in fact contained one hundred and sixty-five acres; hut the specification as to quantity is controlled by the courses and distances and will he treated as surplusage, and hence there is no ambiguity in the description, which includes all hut the north twenty-five acres.</p>