Stuesser v. Ebel
In Stuesser v. Ebel, 19 Wis. 2d 591, 120 N.W.2d 679 (1963), the contract identified "the real estate owned by the Sellers and located in the Town of Oak Grove, now known as the 'Dobie Inn' and used in the business of the Sellers." 19 Wis. 2d at 592.
The building was located on the east sixty-two feet of two separate lots. See 19 Wis. 2d at 592-93. The sellers owned the entire lots. See id.
The court determined that it could not determine from the description given in the deed whether the property conveyed included only the east sixty-two feet of both lots, the entirety of the two lots or something in-between. See 19 Wis. 2d at 596-97.
There was no extrinsic writing referenced in the deed to clarify or define the property contemplated. The court therefore voided the deed. See id.
The Court held that the following description is "per se" indefinite: "the real estate owned by the Sellers and located in the Town of Oak Grove, now known as the 'Dobie Inn' and used in the business of the Sellers."
The court recognized that such descriptions "have been construed to be sufficient when it is shown that the seller owned all the property and no other property" in the locality described. Id.
Because only a part of two of the seller's lots was to be sold, the court deemed the description inadequate. See id. at 595.