Definitions of BY ESTIMATION

  1. In conveyancing. A term used to indicate that the quantity of land as stated is estimated only, not exactly measured; has the same meaning and effect as the phrase " more or less." Tarbell v. Bowman, 103 Mass. 341; Mendenhall v. Steckel, 47 Md. 453, 28 Am. Rep. 4S1; Hays v. Hays, 120 Ind. 92, 25 N. E. GOO, 11 L. R. A. 376.
  2. Contracts. In sales of land it not unfrequently occurs that the property is said to contain a certain number of acres, by estimation, or so many acres, more or less. When these expressions are used, if the land fall short by a small quantity, the purchaser will receive no relief. In one case of this kind, the land fell short two-fifths, and the purchaser received no relief. 2 Freem. 106. Vide 1 Finch, 109 1 Call, R. 301; 6 Binn. Rep. 106 1 Serg. & Pawle, R. 166; 1 Yeates, R. 322 2 John. R. 37 5 John. R. 508; 15 John. R. 471; 1 Caines, R. 493; 3 Mass. Rep. 380; 5 Mass. R. 355; 1 Root: R. 528; 4 Hen. & Munf. 184. The meaning of these words has never been precisely ascertained by judicial decision. See Sugd. Vend. 231 to 236; Wolff, Inst. §658 and the cases cited under the articles Constitution; More or less; Subdivision.
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