8 N.H. 402 | Superior Court of New Hampshire | 1836
delivered the opinion of the court.
It is a well settled general rule, that in a description of land in a deed of conveyance, what is most material and certain shall control that which is less material and uncertain. Thus a river, a known stream, a spring, or a marked tree, when declared to be a boundary in a deed, will control both course and distance. 9 Cranch 178; 7 Cowen 723, Jackson vs. Wedger; 1 do. 605, Jackson vs. Camp; 7 Wheaton 10, Newton vs. Prior; 6 do. 582, Preston vs. Bowman.
And if in the deed of the tenant in this case a reference had been made to Black brook, as a boundary between the two tracts, it is very clear that the brook must have prevailed against the point of compass stated in the deed.
But the terms, u running from thence up said brook,” do
We are, therefore, of opinion that the brook is not designated in the deed as a boundary with sufficient certainty to control the point of compass, which is expressly stated to be due west.
The verdict is, therefore, set aside, and
A new trial granted.