28 Vt. 257 | Vt. | 1856
The opinion of the court was delivered, at the circuit session in September, by
The question in this case is one of boundary. The matter in dispute is determined by ascertaining the eastern line of the lot which was conveyed by the plaintiff to George and Samuel Phelps, by his deed of May 4, 1850. The question becomes important in order to determine the number of acres embraced in the
As a general rule, if the description of the land in a deed is ambiguous or doubtful, or if the lines and monuments referred to are lost or destroyed, parol evidence of the practical construction given by the parties, by acts of occupancy, recognition of monuments or boundaries; is admissible for the purpose of identifying the land, and in aid of the interpretation of the deed. Stone v. Clark, 1 Met. 378; Waterman v. Johnson, 13 Pick. 261; 1 Greenl. 301, note. But when no ambiguity exists, and the parties, in describing the land, have used terms and language in the deed, referring to known, existing, and permanent monuments, it is the duty of the court to give'to the description and the language of the parties a legal construction; and parol evidence is no more admissible to control its legal effect than it is of any other stipulation of the parties contained in the deed. It is for the court, in such cases,
In relation to the premises in question, so far as they are bounded on the lake, no difficulties have arisen between these parties. The line extends to tlje edge of the water at low water mark. The same rule, we think, should be applied to land bounded on this creek. In times of high water on the lake, this creek appears to be but little more than an arm or inlet of the lake itself, as the rise and fall of the water in the creek depends upon the rise and fall of the water in the lake. There is a small rivulet or stream which passes through the centre of this low land to the lake, when it is not overflowed, the bed of which is distinguished by being some lower than the rest of the low land. At low water on the lake, the stream is limited to this channel, and is, to some extent, supplied with water from inland springs. Whether the measurement of the farm should have been extended to the centre of that stream or not, is not the question before us, as the court limited the line to the bank of the stream at low water, to which the plaintiff has taken no exception. That the line of this lot, as given in the deed, extends to the bank of that stream, and that all west of that line should be included in the measurement in ascertaining the number of acres in the farm, we have no doubt, as it was land
The same principle will exclude the evidence offered in relation to the original allotment of the land, the sale of contiguous land and its occupancy by others, the records of division, and the conversation of the parties at the time of the conveyance, &c. The lake and the creek mentioned in the deed are existing and natural monuments, and when called for by the deed, control quantity, lines, courses and distances; — as monuments of that character afford the highest and best evidence of the intention of the parties. Howe v. Bass, 2 Mass. 380; Wendall v. Jackson, 8 Wend. 190; Butler v. Widger, 7 Cowen 723; Rich v. Rich, 16 Wend. 663; 3 Phil. Evid. by Cowen & Hill 1379; 1 Greenl. Ev. § 301, note. Those monuments, therefore, must control the legal effect of this grant; and parol evidence is inadmissible to establish other boundaries, as there is no ambiguity in the deed, nor any uncertainty as to the monuments referred to. We see no error in the ruling of the county court on this subject.
The judgment of the county court is affirmed.