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Santurian v. Counts

Citations: 196 Va. 43; 82 S.E.2d 469; 1954 Va. LEXIS 199Docket: Record No. 4218

Court: Supreme Court of Virginia; June 21, 1954; Virginia; State Supreme Court

Narrative Opinion Summary

This case involves a dispute over the interpretation of a deed reservation concerning property described as Lots Twelve and Thirteen in Clintwood, Virginia. The plaintiffs, including the original grantors, filed for a declaratory judgment against the grantee, seeking clarification of land reserved in a 1951 deed. The contention was whether the reservation included all land behind both the front and rear of an apartment building, or solely the area behind its rear. The court found that specific descriptions in the deed took precedence over general ones, affirming that the entire lots were not intended for conveyance. The deed's ambiguous language warranted the use of parol evidence, which clarified that the parties intended to reserve a section of land for a fire escape. Recognizing a mutual mistake, the court permitted an amendment to correct the conveyance description. The modified decree affirmed that the disputed area was indeed reserved, specifying a twenty-foot strip excluded from the conveyance. The decision favored the plaintiffs, affirming the reservation and granting them costs on appeal, as they substantially prevailed.

Legal Issues Addressed

Ambiguity in Property Descriptions

Application: The court addressed claims of ambiguity in the property descriptions within the decree, resolving these by specifying the intended reservation and conveyance areas, ultimately affirming a modified decree.

Reasoning: There is agreement on the need to clarify the decree's description concerning the conveyed property and the reserved area.

Correction of Mutual Mistake in Conveyance

Application: The court acknowledged a mutual mistake in the deed's original conveyance description and allowed an amendment to rectify the error, aligning with the parties' actual intent to exclude a specific disputed area.

Reasoning: Consequently, the court allowed an amendment to the plaintiffs' petition to address this mutual mistake, seeking to correct the conveyance description to clarify the intended reservation.

Interpretation of Deed Reservations

Application: The court examined the deed's language to determine the scope of the land reservation, concluding that specific descriptions take precedence over general ones, and that the intent was to reserve land behind the apartment building.

Reasoning: The court found that the specific description in the deed prevails over general descriptions, confirming that the entire lots and apartment were not intended for conveyance.

Use of Parol Evidence in Contract Interpretation

Application: Due to the ambiguity in the reservation language of the deed, the court permitted parol evidence to clarify the parties' intentions, which was supported by testimonies indicating a mutual understanding of the reserved area's purpose.

Reasoning: The lower court deemed the reservation language ambiguous but allowed parol evidence to clarify the intent, corroborated by testimony from the Counts regarding their discussions with Santurian about the excluded area.