· 1/20/2009
Windham v. Riddle
Citations
- 672 S.E.2d 578
- 381 S.C. 192
- 2009 S.C. LEXIS 14
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that extrinsic evidence showing intent may be admitted if there is a latent ambiguity in the text of the instrument
- holding that in construing a deed, the intention of the grantor must be ascertained and effectuated, unless that intention contravenes some well-settled rule of law or public policy
- finding the drafter's intention controls \unless that intention contravenes some well settled rule of law or public policy\
- noting \[a]n easement is a right which one person has to use the land of another for a specific purpose\ (emphasis added) (quoting Douglas v. Med. Investors, Inc., 256 S.C. 440, 445, 182 S.E.2d 720, 722 (1971))
- stating \the deed must be construed as a whole and effect given to every part if it can be done consistently with the law\ (quoting Gardner v. Mozingo, 293 S.C. 23, 25, 358 S.E.2d 390, 391-92 (1987))
- \An easement may be created by reservation in a deed.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Beatty, Toal, Waller, Kittredge, Pleicones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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