85 Vt. 312 | Vt. | 1912
Although the gist of the action is the breaking, and entering the plaintiff's close, the real bone of contention, is the title to the lumber and bark lying and being thereon at the time the plaintiff became the owner of the land, October-22, 1908. In addition to the land, the plaintiff then acquired' all the right, title and interest in and to such lumber and bark as the Saxbys had. Before any of the standing timber was-cut the defendants took a conveyance from Bean of all his right and title therein with the appurtenances thereof. The ownership of the lumber and bark in question at the time named is therefore dependent upon the construction of the deed to Bean.. The plaintiff contends that the time-limit clause therein made the grantees title conditional on the timber being cut and removed from the land within the time specified, and that the-title to so much thereof as was not thus cut and removed remained in the grantor, or reverted to him at the expiration of that period. The defendants contend that the sale was-absolute, and that the so-called time-limit clause is a mere covenant naming a time within which entry upon the land might be made for the purpose of cutting and removing the timber..
The question is, What was the intention of the grantors? And this must b.e ascertained from the whole instrument, with, a view to giving every part of it meaning and effect. Collins v. Lavelle, 44 Vt. 230. The habendum cannot enlarge the-grant, yet it may be considered in aid of its construction. Deavitt v. Washington County, 75 Vt. 156, 53 Atl. 563. The same may be said of the covenant following the habendum, it cannot be understood as enlarging the estate granted in the premises, of the deed, yet it being a question of construction as to what.
The deed shows that the grantors “forever quitclaim” to Bean “all their right and title” to the “lot of standing timber,” described. “It being all the standing spruce, fir, hemlock, bass, ash and hard wood timber” on the Martin farm, described as follows: “It being all the standing timber bounded,’’ — then follows a description by metes and bounds. The time-limit -clause, “meaning to convey all the standing timber upon said above described premises and said J. B. Bean shall have three years from April 1,1905, for the purpose of cutting and removing .said timber, ” is a paragraph by itself following the description and immediately preceding the habendum. The words of the habendum in essential respects are like those of the grant, “all our right and title in and to said quitclaimed standing timber with the appurtenances thereof, to the said J. B. Bean, his heirs and assigns forever.” And the words of the grantors’ covenant next following are equally unlimited and positive in character, “that from and after the ensealing of these presents, we * * * will have and claim no right in, or to the said quitclaimed standing ■timber.” Such use of the words “standing timber” in the habendum and in the covenant is significant. The word gen•erally used in such, connection in quitclaim deeds is premises, .and is well adapted to designate the interest or estate intended to be conveyed, let it be all of the grantors’ “right and title” 'in and to the property described, or a lesser interest. Smith v. Pollard, 19 Vt. 272; Cummings v. Dearborn, 56 Vt. 441. It
The plaintiff cites the cases of Strong v. Eddy, 40 Vt. 547, Judevine v. Goodrich, 35 Vt. 19, and Ordway v. Farrows, 79 Vt. 192, 64 Atl. 116, 118 Am. St. Rep. 951, as authorities supporting his contention. In Strong v. Eddy, the
By Beans’ conveyance to the defendants, they acquired all his right and title in and to the standing timber, and the same right of entry as an appurtenant thereof. Yale v. Seeley, 15 Vt. 221. The plaintiff took his conveyance of the land charged with full knowledge of the defendant’s ownership of the lumber and bark thereon, and of whatever rights and privileges they had in connection therewith. By that conveyance the plaintiff acquired no right or title to said lumber and bark, for the Saxbys had none which they could convey. It follows that the value
The court charged upon the question of the extension of the license by parol, the effect thereof if extended, and its revocation, to some portions of which exceptions were saved. However, the bill of exceptions gives us no light regarding the evidence bearing thereon, other than the allusions thereto in the charge, and the conveyance of the land by the Saxbys to the plaintiff, which is not sufficient for a proper understanding of the situation. Consequently these exceptions are not considered.
The other questions argued are not likely to arise on a new trial of the case.
Judgment reversed, and cause remanded.