Description Referring to a Name of the Tract

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Description Referring to a Name of the Tract

 

 The Alabama Supreme Court allowed a general description, “The Malone Place,” to override a particular description in the form of governmental subdivision descriptions in Withers v. Burton, 106 So.2d 876, 879 (Ala. 1959). Having admitted extrinsic evidence, the court wrote:

The evidence tends to show that the land in question had been known as the ‘Malone Place’ for many years.  ... the government numbers did not embrace all the ‘Malone Place.’  There are no words in the description which would limit or restrict the grant to less than all of the ‘Malone Place.’  The description of the ‘Malone Place’ is a sufficiently definite description without the aid of a more particular one by government numbers and was sufficient to convey to appellee the land known as the ‘Malone Place,’ including the land involved in this suit.

 

The same result obtains in Mills v. Jordan, 101 So. 730 (Ala. 1924).

Copyright 2011 by Edward G, Hawkins. All rights reserved.