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| 45 Wn.2d 332, BEN L. FOWLER et al., Appellants, v. EDWARD B. TARBET et al., Respondents |
 | | As a general rule, a metes and bounds description in a conveyance of real estate is controlling as against a conflicting quantity description, and the metes and bounds description is construed as if it stood alone and the quantity description is treated as surplusage. |
 | | Obviously, this resolution of the problem rests upon an assumption that the reference to "2 acres in width (east and west)," is a definite measurement and is adequate as a significant and controlling part of an effective metes and bounds description, which, as a whole, is controlling as against the quantity reference of 8.95 acres. |
 | | That portion of the metes and bounds description in the Fowlers' deed which reads, "2 acres in width (east and west)," has a clear and definite meaning only if the term "acre" is construed to mean the distance along one side of a square acre, or 208.7 feet. |
| www.mrsc.org /mc/courts/supreme/045wn2d/045wn2d0332.htm (712 words) |
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