Walters v. Tucker

281 S.W.2d 843 (1955)

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Nature of the Case

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Facts

The parties are owners of adjoining property in a subdivision, who are in dispute over the boundary line of the two lots. Walters (P) claims that her lot is 50 feet wide, east to west. Tucker (D) claims that it is only 42 feet. Both lots have a common grantor. Although the property description at issue was unambiguous on its face, the lower court admitted extrinsic evidence to enable it to determine the true meaning of the description. Based on all the evidence, the court found that the description of the property did not clearly reveal whether the width of the two parcels was to be measured along the lot's frontage, or whether it was to be measured at right angles from the west line of the property. It also found that the difference in the method by which the measurement was taken would result in a difference of eight feet in the width of the property; and that the boundary should be measured along the lot's frontage. This measurement would result in P's lot having a frontage of 42 feet: the court, therefore, entered judgment in D's favor. P appeals, arguing that the court erred by admitting extrinsic evidence and that the court's holding was contrary to the clearly expressed meaning of the description in the deed.