Unrecorded Plat TTT

Andy Nold · 2015-03-02T18:18:00Z

So, in reviewing Craddock v. Humble Oil (Sketch), the appellant argued:"The court erred in instructing the jury to disregard the calls for distance in all deeds, for the reason that, if the original deeds executed by the owner of the 100 acre tract of land show his intention to equally divide said tract and convey to Stewart the East one-half and to Justin Wilcoxson the West one-half, and the jury finds that there is a shortage in said tract, the court will presume this to be his intention and decree to each of the owners, L. Wilcoxson and W. M. Craddock, one-half of said tract." But the court ruled:"We overrule this point because the record reveals that there was no plan or scheme on the part of Dawson to divide the two tracts of land equally and to convey the same accordingly. The record shows that he deeded intervenors' tract of 50 acres some two or three months before he deeded the one now owned by appellant. Neither of the deeds refers to a plan, design or intention to equally divide the land but evidently does reveal that Dawson thought he owned 100 acres. So we find the facts in this case do not justify an application of the apportionment rule. See 97 A.L.R., pp. 1227-1230, and cases there cited."I would normally be inclined to hold junior/senior rights in reconstructing the lots in the [msg=305646]unrecorded subdivision in H&TC Block 33[/msg].However, I think the grantor of the lots did show his intent by calling specifically for the lot numbers in the heading of the metes and bounds descriptions. To use the language of the court, the deed does refer to a plan - even if unrecorded - that shows his intention to equally divide the section. Does you think that this distinction gives me sufficient cause to prorate the section?

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Strictly Surveying

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Andy Nold

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absolutely! I'll throw in a picture of your property and put an ant in the middle for scale.

Posted : March 3, 2015 4:45 pm

gregshoultsrpls

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Says on their field notes that no survey was done.
All done w/CAD magic

Posted : March 3, 2015 6:44 pm

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Unrecorded Plat TTT

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