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Pirkle v. Turner

Two deeds in the plaintiffs' chain of title contained insufficient descriptions since they are indefinite as to certain courses and contained no key that might remove the indefiniteness.

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This case involves a property dispute between appellants Richard Pirkle, Matthew Pirkle, Amanda Pirkle, and Madeline Cox and appellee Jimmy Turner. The trial court, among other things, denied the appellants’ motion to dismiss Turner’s counterclaims; granted Turner an interlocutory injunction preventing Cox from taking certain actions with regard to a well, dam, and lake that are located on the disputed property; ruled that two deeds in the appellants’ chain of title contained insufficient descriptions and were therefore void; and ruled that an issue of fact existed on the parties’ claims that they had acquired title to the disputed property by adverse possession. On appeal, the appellants raise numerous issues, but for the reasons that follow, we affirm the trial court’s judgment. 1. The appellants contend that the trial court erred in ruling that two deeds in their chain of title contained insufficient descriptions. We disagree.

First, contrary to the appellants’ contention, the sufficiency of the description of a deed is a question of law for the court.1 Moreover, because both deeds are indefinite as to certain courses, and contain no key by which to remove the indefiniteness, we conclude that the deeds contain insufficient descriptions of the property conveyed and are void.2

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