Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 73

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 73

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...172 acres." This question confronts us: Can the John Williams deed, which is not court, be read as evidence to supplement the description of the land given in the Butler deed which expressly refers to the former as being "recorded in Clerk's Ofiice, Bl'&Xii011 County Court"? It is well-settled law, that a deed referring to another deed. paper or map, for description of the land intended to be conveyed, thereby incorporates and makes a part of the deed itself. the paper so referred to. Blowpipe (70"-319611061'. 46 W. Va. 590; Thorn v. Phares, 35 W. Va. 771; smith v. Owens-. 63 W. Va. 60; and Holly v. Curry. 58 WVa. 70. Counsel for defendants do not controvert this general P1'D0siti0n. but they insist that it applies only to deeds which convey title. and does not apply to deeds serving only as @0101' of title. They urge that the chief, if not the only, purpose of a deed, admitted only as color of title, is to describe boundaries, and that, if the description is incomplete or imperfect on the face of the deed itself, it cannot. be aided by extrinsic evidence. It is true that the chief purpose of color of title is to define boundaries. It answers the same purpose for one claiming under it that actual enclosure does for one in possession under a mere claim of title. The question is-new. We do not find that it has been directly passed upon by any court. But we see no good reason why a paper offered as color of title may not incorporate some other paper, the same as may be done by other written instruments. The principle is not confined to deeds, but applies to executory contracts of almost every character. Certainty as to the boundaries claimed under color of title is the important question. more

Product details

  • Paperback | 314 pages
  • 189 x 246 x 17mm | 562g
  • United States
  • English
  • black & white illustrations
  • 1236787560
  • 9781236787569