COHAN v. THURSTON

Record No. 791574.

292 S.E.2d 45 (1981)

Francis H. COHAN, et al. v. E. J. THURSTON, et al.

Supreme Court of Virginia.

April 30, 1982.


Attorney(s) appearing for the Case

Edward T. Caton, Virginia Beach (Barry Randolph Koch, Virginia Beach, on briefs), for appellants.

Douglas B. Wessel, Norfolk (William R. Wahab, Joseph L. Lawler, Pickett, Spain & Lyle, Kellam, Pickerell & Lawler, Virginia Beach, on brief), for appellees.

Before CARRICO, C. J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.


STEPHENSON, Justice.

Francis H. and Pearl E. Cohan instituted an action in ejectment against E. J. Thurston, and others, claiming title to a strip of land also claimed by the defendants. The dispositive question in this appeal is whether the trial court erred in finding an ambiguity existed in the deed description of the land and in admitting extrinsic evidence to clarify it.

The plaintiffs alleged the disputed land was a part of Lot 1 as shown on the plat...

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