61 Wash. 203 | Wash. | 1910
Respondent brought this action to recover for breach of a covenant of quiet enjoyment, contained in a
Lots 1, 2 and 3, block 96, Lake Union shore lands, cover an area irregular in shape and approximately 194 feet on the north line, 95 feet on the east, 195 feet on the south, and 158 feet on the west or base line; while the west or base line of lots 1, 2 and 3, block 18, Eldorado, is approximately 94 feet farther west on the north line and 60 feet farther west on the south line, with a west or base line of 186 feet. As originally platted, these lots in block 18 are all in the water, except a
The first rule to be observed in ascertaining the true construction of the grant to respondent, inasmuch as the description of the lots follows the description of the plat of Eldorado addition, is to ascertain the intention of the dedicator as expressed in the plat, and in doing so, to give effect to the entire plat. Following this rule and applying the scale to the northerly and southerly boundary lines of lots 1, 2 and 3, in block 18, as given on the plat, we find the length of the northerly line of lot 1 to be 127 feet, the length of the line common to lots 1 and 2 is 120 feet, the next line common to lots 2 and 3 is 112 feet, and the southerly boundary line of lot 3 is 114 feet. The fact that these lines are of irregular length is immaterial. It is the duty of the court to give effect to the plat, and if by using the description of the plat, we can give length to these lines, we should do so. The law will not disregard the lines so ascertained, because they may be of uneven length, as we cannot assume that in platting these lots it was the intention of the dedicator to give even lengths to all his side lines, although it may be difficult to imagine a good reason why it should not have been done. Having as
Applying this rule, it is possible to sustain the deed, thus bringing us within an equally known rule, that a deed will be sustained when, from the entire description, it is possible to ascertain and identify the land intended to be conveyed. Devlin, Deeds, § 1012. Appellants, while admitting the above rule and suggesting the possibility of its application in this case, suggest that the deed is void for want of definiteness of description, and that it is impossible to ascertain the grantor’s intention as to the eastern boundary of the lots, no length being given to the side lines, and the lots thus have no area. What we have said answers this contention.
It is next suggested that the area intended is such upland as might lie within the lines. The only upland within these lines is that small portion in lots 1 and 2; the whole of lot 3 and practically the whole of lot 2 lying in the water. Such description therefore would not be necessary if it was only intended to pass the upland, and it is evident additional area was intended. Next, that in the absence of a given length to the side lines, it is impossible to ascertain whether it was intended to claim to the center of the lake or to the outer harbor line. The outer harbor line had not been established at the-time of the making of this plat, nor was there anything to indicate (it being prior to the adoption of our constitution) that a harbor line ever would be established in Lake Union at the time of the dedication of this plat, June 22, 1889. It is therefore evident, as we held in construing this same plat in Gifford v. Horton, 54 Wash. 595, 103 Pac. 988, and Shorett
Having established the area covered by respondent’s deed, the next inquiry is, to what extent has he been evicted by the assertion of paramount title in the state. Taking the north-, erly line of lot 1 of block 18 as we have established it as indicated on the plat, to be 127 feet, and the southerly line of lot 3 to be 114 feet, and referring again to that portion of the area of these lots not covered by the plat of block 96, a tract 94 feet on the northerly side and 60 feet on its southerly side, we have remaining an area 33 feet on its northerly side, 54 feet on its southerly side, having the west or base line of block 96, a line approximately 158 feet in length, for its westerly boundary, and the established missing fine approximately 146 feet in length as its eastern boundary;. all of which area is included within block 96, and represents that portion of block 96 which overlaps, or is overlapped by, lots 1, 2 and 3, block 18, as we have established them. This is the area, according to our holding, from which respondent has been evicted by the state. The amount paid by respondent to the state for all of lots 1, 2 and 3, block 96, was $1,859.13, and the measure of his damage for such eviction is that amount the ratio of which is to the amount paid by him as the area from which he was evicted is to the whole area of lots 1, 2 and 3, block .96, which is the sum of $376.87, which amount we hold represents the true measure of respondent’s damage. West Coast Mfg. & Inv. Co. v. West Coast Imp. Co., 31 Wash. 610, 72 Pac. 455.
The judgment of the court below is reversed, and the cause remanded with instructions to enter a judgment for the plaintiff in the sum of $376.87, with interest from the time of respondent’s payment to the state, which time we are from the record unable to ascertain.
■Rudkin, C. J., Chadwick, Dunbar, and Crow, JJ., concur.