Turner v. Creech

Citations

• 58 Wash. 439
• 108 P. 1084
• 1910 Wash. LEXIS 953

Syllabus

<p>Appeal—Review—Trial—Findings. Upon appeal the supreme court will not recast conflicting and confusing findings of the trial court, in order to harmonize them.</p> <p>Boundaries—• Conflicting Calls — Shortage—Quantity—Location. Where the owner of the northern portion of lots supposed to be 130 feet long, but the north line of which projected into the street, conveyed a strip 6 2-3 feet wide to the owner of the south 43 1-3 feet of the lots, the description starting from a point 80 feet south of the northwest corner, and the strip was surveyed and'marked upon the ground and the vendee took possession and made improvements, ejectment cannot be maintained by the grantor or his subsequent grantee to recover part of the strip conveyed upon ascertaining that the lots were only 128.2 feet long, although it was the intention by the conveyance to reserve 80 feet in the northern tract.</p> <p>Same—Acts op Common Grantor. The location of a boundary line by a common grantor is binding upon the grantees.</p> <p>Same—Quantity—Beginning Point. Where a quantity is of the essence of the contract, it controls courses in the description, the beginning point of which is of no higher dignity than other calls.</p> <p>Same —■ Location — Possession — Acquiescence. Practical or agreed location of boundaries, acquiesced in or acted upon by the placing of improvements, controls the calls of a deed.</p>