Monday, January 6, 2014

Ramsey v. Arizona Title Ins. Co. case brief

Ramsey v. Arizona Title Ins. Co. case brief summary
10 Ariz. App. 538 (1969)

CASE SYNOPSIS
Appellant sellers sought review of a summary judgment from the Superior Court of Maricopa County (Arizona) in favor of appellees, a realty company and a title company. The issue on appeal was whether as a matter of law, the descriptions of certain real property contained in a deed and in some escrow instructions described the same property.

CASE FACTS
The sellers listed property with the realty company and eventually a sale was negotiated. An issue arose as to whether the descriptions of the real property contained in the deed and in the escrow instructions drawn by the title company were the same property.

DISCUSSION

  • The court affirmed the summary judgment for appellees. 
  • Although the sellers were required to be careful to convey only the property they owned, it was not improper for descriptions of the property at the outset to have encompassed other property for the purpose of accuracy in fixing the location of the property to have been conveyed. 
  • The description in the escrow instructions indicated the parcel actually owned by the sellers by excepting certain property from the description. 
  • The description in the deed conveyed the same property as described in the escrow instructions, and the addition of the phrase "as measured at right angles from the Easterly right of way line of Central Avenue, " did not add anything to change the description.

CONCLUSION
The court affirmed the judgment.


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