Conveyance – Legal Description

All prior negotiations and agreements are deemed merged into the agreement for the execution, delivery, and acceptance of an unambiguous deed and, in the absence of a preponderance of clear and convincing evidence showing fraud or mistake of fact, the deed is held to express the intentions of the parties. Ludwig v. Matter, 210 Neb. 87, 313 N.W.2d 234 (1981); Beren Corp. v. Spader, 198 Neb. 677, 693, 255 N.W.2d 247, 256 (1977).

The land was not surveyed for the sale to the plaintiff who made a down payment. Plaintiff demanded return of the down payment when he discovered some of the property was subject to a lien and none of the property was adequately described. Defendant had to return the down payment. Plummer v. Fie, 167 Neb. 367, 93 N.W.2d 26 (1958).

In contract for sale of land, there must be a sufficient description of the land to be sold. Kubicek v. Kubicek, 186 Neb. 802, 186 N.W.2d 923 (1971).