Wilson v. Chicago Lumber & Timber Co.

Citations

• 129 F. 636
• 1904 U.S. App. LEXIS 4768

Syllabus

<p>1. Deeds — Construction—Reference to Map.</p> <p>A deed to land in the town site of Denver, made pursuant to a decree-of the probate judge, entered after hearing on the petition of the grantee, described the land by metes and bounds; making the old bed of the Soutt Platte river, as shown on a map referred to therein, a part of the northwesterly boundary, and the extreme depth of the tract westerly from the street on which it fronted 125 feet, which was the depth claimed by the petitioner. At the time the map was made, it was difficult, if not impossible, to correctly locate the old bed of the river, which had been obliterated by floods. According to the scale of the map, it was shown to be-260 feet from the street at the nearest point where it would be reached by the boundary given, but the field notes of the survey on which the map-was based showed it to be very near the street. Held, that it could not be presumed that the judge intended to grant more than the petitioner claimed, nor could the distances given in the description be ignored because of the reference to the river bed, the location of which was uncertain, and that the deed must be construed as conveying no land west, of a line 125 feet from the street.</p>