Studebaker v. Beek

Citations

• 83 Wash. 260
• 145 P. 225
• 1915 Wash. LEXIS 683

Syllabus

<p>Deeds — Construction — Reservations and Exceptions. While there is a technical legal distinction between an exception and a reservation, they may be used as synonymous, if necessary to effectuate the intention of the parties; and ambiguity created by the use of both expressions should be resolved by reference to the nature of the thing reserved or excepted.</p> <p>Estoppel — By Deed — Bond for Deed — Performance—Acceptance. Having accepted a deed with a reservation, in performance of a bond for a deed without any reservation, and canceled the bond on the records, the grantees are not in a position to insist that the reservation was improperly inserted in the deed, there being no suit to reform the deed.</p> <p>Deeds — Construction — Exceptions and Reservations — Scope— Fee Excepted From Right of Way Easement. Where an easement for a right of way had been granted to a railroad reserving the fee simple to the grantors, and the railroad went into possession, a subsequent deed of the entire tract, “reserving and excepting” “a strip of land” describing the same by reference to the right of way deed, did not convey the fee reserved in the railroad right of way deed; as the reservation therein referred to the grantor’s fee in the right of way.</p> <p>Same. Where, after granting a railroad right of way easement, excepting and reserving the fee, the grantors conveyed a tract to the company for a depot site upon a condition that was never performed, a deed from the railroad company reeonveying the depot site for nonperformance of condition, but excepting and reserving the right of way described by reference to the original right of way deed, reinvested the original grantors with all their title at the time the depot site was first conveyed, including the fee simple in the railroad right of way, as originally excepted; and the company could not thereafter convey the fee of that strip, upon abandonment of its right of way.</p> <p>Same — Reservations and Exceptions — Construc