McIver v. Hilstad

Citations

• 80 Wash. 206
• 141 P. 306
• 1914 Wash. LEXIS 1267

Syllabus

<p>Estoppel—In Pais—Inconsistent Claims—Error in Deed. A grantor is estopped to claim error in the description by metes and hounds in his deed, in that it contained a larger tract on the north side than he intended to convey, which he had marked on the ground at the north by monuments, where, years after, to settle a dispute with a predecessor in interest of the grantee as to the location of the south boundary, he ignored his monuments, and measured the ground from the calls in the deed, which he adopted, and thereby gained his contention as to the south boundary, which he would have lost if he had followed his monuments and present claim of error.</p> <p>Vendor and Purchaser—Bona Fide Purchaser—Notice. Subsequent purchasers of portions of a tract conveyed to their common grantor are not hound to take notice of his improvements and inclosures as indicating an error in the description in the deeds, where his fences only partially inclosed the land; but they are tona fide purchasers where they bought with reference to the description contained in the deeds as they appeared on the public records, under Rem. & Bal. Code § 8771, providing that tona fide purchasers take the full legal record title from grantors holding the same.</p>