Maxim 10.4.10
The purpose of a description is to afford the means to identify the subject matter.
Source: Mitchell v. Moore, 13 So.2d 314, 317, 152 Fla. 843; Matson v. Hord, 1 Wheat. (14 U.S.) 130, 138; Weisman, 31i
Difficulty 4/5 — Advanced
Explanation
(English-origin maxim.) The function of a description in a deed, will, or other instrument is to provide sufficient means to identify the subject matter with certainty, so that the parties and courts can know exactly what is conveyed.
Where this applies
- A deed describes the land being sold as "the parcel bounded by Oak Street to the north and the river to the south" — the description's job is to let anyone identify exactly which piece of land is changing hands.
- A will says "my gold pocket watch that belonged to my grandfather" — the description exists to distinguish that specific watch from every other item in the estate.
- A bill of sale identifies goods as "200 bushels of winter wheat currently stored in Bin 7 at the Coopersville elevator" — the purpose is to pinpoint exactly which wheat is being sold.
Legal domains
Cite this maxim
NeCede Max. 10.4.10 — The purpose of a description is to afford the means to identify the subject matter. — Mitchell v. Moore, 13 So.2d 314, 317, 152 Fla. 843; Matson v. Hord, 1 Wheat. (14 U.S.) 130, 138; Weisman, 31i
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