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MMLU / A retiree lived in a single-family dwelling in the city. Adjacent to his home…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A retiree lived in a single-family dwelling in the city. Adjacent to his home was a vacant lot that measured 100 feet by 175 feet. The lot, which the retiree owned, was situated on the corner of Davis Street and University Way. The tract measured 100 feet along Davis Street and 175 feet along University Way. The retiree executed a deed purporting to convey the vacant lot to his lifelong friend for the consideration of $28,000. After escrow, the deed was delivered to the friend, who immediately filed it with the county recorder's office. The recorded instrument described the property conveyed as "all the tract of land beginning at the northwest corner of Davis Street and University Way; thence west along Davis Street 100 feet; thence north 175 feet; thence west 100 feet; thence south 175 feet along University Way to the place of beginning. " Three months after his conveyance to the friend, the retiree died intestate. His heirs have now filed an appropriate action contesting the friend's title to the vacant lot. Which of the following statements is most accurate concerning the outcome of this suit?

choices

  1. The retiree's heirs will prevail because metes and bounds, rather than streets, are appropriate boundary descriptions.
  2. The friend will prevail because equity will not permit forfeiture for a mere technicality.
  3. The outcome will depend on whether the tract of land was plotted as a lot in a subdivision.
  4. The outcome will depend on whether the last call (175 feet along University Way) prevails over the third call (west 100 feet).

subject

professional_law

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Source and history

task_id
62c23938-2d73-53dd-9595-cd6d1738ab18
task_key
all--test--62c23938-2d73-53dd-9595-cd6d1738ab18
task_revision_id
1
config / split
all / test

Official source

initial import