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A court may construe a deed as a matter of law only if it is unambiguous.
The deed language included both a specific grant of land in a unit described in a particular survey and a general grant of the seller's interests in the county. The seller did not own any of the land described in the survey but owned other adjacent tracts in the unit. The seller claimed that she had not intended to convey other property in the county that was not part of the unit. The buyer brought an action against the seller to determine the parties’ interest in the tract of land. The trial court granted summary judgment for the buyer, which the Court of Appeals reversed on the ground that the "catch-all" general conveyance clause could only convey small interests that were clearly contemplated within the more particularly described conveyance and was not effective to convey a significant property interest that had not been described adequately. The buyer sought review of the decision.
Was the grant of summary judgment in favor of the buyer proper under the circumstances?
The court, in affirming the judgment of the court of appeals, stated that a court could construe a deed as a matter of law only if the deed were unambiguous. Given the deed's ambiguity, the trial court erred in granting summary judgment. It was for the jury to hear evidence and determine the parties' intent.