Town v. Greer

Citations

• 53 Wash. 350
• 102 P. 239
• 1909 Wash. LEXIS 1326

Syllabus

<p>Deeds — Description—Intent—Mistake—Vendor and Purchaser —Boundaries—Marked on Ground. A deed of the southwest quarter of a section is shown by the contemporaneous acts of the parties to have been executed by mistake as to the description of the tract intended to be conveyed, where it appears that the government quarter corner on the west side of the section was originally located by mistake nearly twenty chains north of its proper location, that when the deal was made this fact was unknown to the purchaser, who refused to consummate the deal until all the corners were located by a survey, whereupon a deputy county surveyor, with the parties attending, located all the corners except the unknown quarter corner, which could not be found, and which he re-established half-way between the north and south lines of the section, and that the deal was thereupon consummated by the deed in question, and a fence was built on the line established by the survey, and possession taken and maintained by the parties for years in accordance with such survey and in ignorance of the true location of the quarter corner.</p>