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Property Law Keyed to Cribbet
Parr v. Worley
Facts
Plaintiff, in 1949, conveyed to Defendant a portion of land described as “lying to the East of” the highway, “containing 25 acres, more or less.” Then, later, Plaintiff purported to convey to a third party the mineral interest under both sides of the highway with a description of the land in that deed as being “west of the east right-of-way line of” the highway. Plaintiff sued to quiet title in himself of the mineral interest occupied by the highway, and Defendant counter-claimed to quiet title in himself of the mineral interest from the centerline of the highway to the east. A survey performed for the lawsuit showed that the actual area of land conveyed to Defendant if measured from the eastern edge of highway was 25.80 acres. The same survey revealed that if Defendant’s land was measured from the centerline of the highway the plot would be 31.57 acres.
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