36 P. 637 | Or. | 1894
Opinion by
The plaintiffs contend that the said Buckley claim is forty-six and one half chains in length and thirty-four and one half chains in width, containing one hundred and sixty and forty-three hundredths acres, while the defendants contend that the east boundary of said claim, as
1. Where there is ambiguity-in the descriptive words of a grant respecting the quantity, character, or duration of the estate conveyed, evidence of the intention of the parties at the time the instrument was executed is admissible in interpreting it: Adams v. Frothingham, 3 Mass. 352, 3 Am. Dec. 151; Wheeler v. Randall, 6 Met. 529; Brannan v. Mesick, 10 Cal. 106; Mulford v. LeFranc, 26 Cal. 111; Jackson v. Beach, 1 Johns. Cases, 399. In a controversy respecting a deed containing a description which referred to a boundary line, “as surveyed by Israel Johnson and Isaac Boynton,” it was contended that the premises.had never been surveyed by them. The court,