21 Me. 69 | Me. | 1842
The opinion of the Court was drawn up by
— The plaintiff, on the day when the deed from himself to Brackett was executed, was in the possession of a farm formed from several lots all adjoining; and he claimed to be the owner of the whole of it, This farm, or a portion of it, was to be mortgaged to secure a debt. The mortgagee would be interested to know, whether all or what portion he was to receive as security ; and it would appear from the deed, that no opportunity was afforded to examine the title deeds, otherwise they would have been referred to more explicitly. A conveyance of all his farm, or all the land he owned in the town, would be a clear indication to both parties of the estate to be conveyed. If it had not been the intention of the plaintiff to convey the tract demanded, would he have signed a deed declaring, that he conveyed all he owned, when it appears, that he then possessed and claimed
The word “ own” as used in the description cannot upon the facts stated in the report afford any indication, that it was used in contradistinction to what he possessed, and was designed to exclude a part of those possessions. For the case finds, that prior to the conveyance “he had been in possession and claimed to own” all the several tracts composing the farm. How long he had claimed to own the lot now demanded does not appear. Could he have intended to exclude from a conveyance of all he owned any part of what he claimed to own ? Or could his grantee have imagined, that his deed would not convey all which his grantor asserted, that he owned ? It is true that the case also finds, that “ he does not appear to have
The legal conclusion therefore appears to be that the language of the deed conveys the lot demanded, and that it was the intention of the parties, that it should do so.
New trial granted.