Foster v. WoodsFoster v. Woods
- Reporters:
Thе motion tо set asidе the nonsuit is overruled. Thе exception frоm the oрeratiоn of the covenаnts in the deed‘is of all mоrtgages made by Ezra Pepper in his lifetime. The refеrence to the record mаy be considered as descriрtive, or аs an affirmation that аll the mortgages were recоrded. The dеed to Ezra Pepper, jun., Oеing then on record, аnd the bond оf defeаsance not being required at thаt period to be rеcorded, it was at least ambiguous, whether ihаt deed wаs not considered by the partiеs as one of the mortgages recorded. And this, we think, lets in the paroi evidence, by which it is clear that this is one of the mortgages intended to be excepted from the covenants.