West Yellow Pine Co. v. Sinclair

Citations

• 83 Fla. 118
• 90 So. 828

Syllabus

<p>1. Where a stated provision of a deed of indenture appears from the context to have been inserted for the benefit of one of the parties thereto, he will be considered to have chosen the language employed and as having inserted such provision, and any uncertainty or ambiguity contained therein will be construed against him for whose benefit the provision was inserted in the instrument.</p> <p>2. The rule construing deeds where there is uncertainty or ambiguity in the language employed, most strongly against the grantor is not to be resorted to unless necessary, and where satisfactory results can be reached by other rules of analysis or construction it may not be invoked.</p> <p>3. While uncertain or ambiguous language employed in a written instrument is to be construed against the person using it, yet it should be given the meaning and effect that will be in accord with the context and the general object in view.</p> <p>4. The primary consideration in .the construction of a deed is the intention of the parties thereto, and this intention must be gathered from an examination of the whole instrument, which must be so construed as to render all its provisions consistent and harmonious, if this may be done.</p> <p>5. Where the meaning of language employed in a contract is ambiguous and doubtful and the parties themselves have placed a construction upon it, such construction is material and important in determining the true meaning of such language.</p> <p>6. A deed of indenture conveying tlie trees and timber of given dimensions upon a large body of land composed of many subdivisions according to the United States government survey, together with the right of ingress and egress to, over and from such lands for a stated period of time for the purpose of cutting and removing the timber so conveyed, contained the following provision:</p> <p>“It is further understood and agreed that any tract of timber shall be but once cut over, and when the cutting privilege is once exh