46 Vt. 94 | Vt. | 1873
The opinion of the court was delivered by
The only question in the case is as to a portion of the east line of the plaintiff’s land, conveyed to him by Ephraim Paddock, by deed dated May 31, 1859. The case states that no question was made but that the title to the land described in that deed, was conveyed by it to the plaintiff.. The point made by the defendants’ counsel is, that the court erred in charging the jury to the effect that the plaintiff would hold so far as the courses and distances set forth in his deed from Paddock, would give him. In determining the correctness of this ruling, it 'must be viewed in reference only to the portion of the line in dispute. There does not appear to have been any dispute about the starting point mentioned in the deed, nor as to the first four lines therein described. The third line from the starting point, is described as running “ on said line ” — referring to the line between said Paddock and Jesse Cheney, before mentioned — “south 58 degrees east, about eighteen rods, to the road.” The next course is described as running “ thence north seventeen degrees east, eight rods and seventeen links, on the west side of said road.” Thus far there appears to have been no dispute. The controversy was as to the line between this point — the commencement of the fifth course — and the termination of the ninth course, which course is described as running north, forty-six and a half degrees east, seven rods and seventeen links, to the corner near the house formerly owned by M. Gastello. The defendant claimed that there was a mistake in the fifth course in the deed ; that it should
Judgment affirmed.