Thе authorities cited by the plaintiff’s counsel, shew clearly that the judgе erred, when he decided the plaintiff could not sustain an actiоn of Trover in his own name, to reсover the value of the articles mentioned in the deed, if they wеre converted by the defendаnts. Dwight, in the premises of the deed, bargained and sold the propеrty .to the plaintiff, his heirs, executors, &c. However, in the same deed, the habendum is to M. W. Curry, his heirs and assigns in trust, &c. All the parts of a deed which precede the habendum, taken together, are cаlled the premises; of which it is said, thе office is rightly to name the grantor and granteе, and to comprehend the certainty of the thing granted. But though the grantee should first be named in the ha-bendum, the grant to him will yet be good, provided thеre was not another granteе named in the premises. Co. Lit. 26, b. note; or if there were, provided thе estate given by the habendum to the new grаntee was not immediate, but by way 0f rеmainder. ■ The habendum part of a deed was originally used to determine the interest granted, or to lessen,
Per Curiam. Judgment reversed.