23 Conn. 529 | Conn. | 1855
The superior court, at its October term, 1853, found certain facts, in respect to the admission of evidence before the committee, appointed to find the facts in this case; and that the committee was materially influenced, and controlled, by the same, in considering, deciding and making his report; and thereupon set aside, and rejected, the report: and, at a subsequent day, without taking any measures to find whether the facts stated in the bill were, or were not, true, dismissed the bill, and rendered judgment for costs, in favor of the defendant. The order of the court, dismissing the bill, was irregular, because the statute expressly requires
The object of the bill is to reform the plaintiff’s deed to the defendant, so as to except from the operation of the covenant against incumbrances, a grant of a right to dig, and maintain through the premises conveyed, a ditch, for the conveyance of water from a certain grist-mill to the river*, which was made in 1792, by the then owner of the premises, and was to continue for the term of nine hundred and ninety-nine years, the grantee thereof always to keep said ditch covered with stones and earth, and levelled so that grass may grow and form a sod upon it, for the use of the grantor, and the grantee to have the right of access to said land, to make all necessary repairs in the ditch, and the privilege of a free flow of water from the mouth of the ditch, with other provisions contained therein, which it is unnecessary to enumerate.
The report finds the material allegations in the bill, to be proved and true,—particularly that, up to the time of his deed to the defendant, the plaintiff owned the premises; that, ever since 1792, there has always been the raceway, or ditch,
The remonstrance excepts to the finding of the committee, on three grounds.
First. The committee received, in evidence, to prove those facts, certain letters, written by said parties.
Secondly. The facts regarding the existence, character, and necessity of said ditch, and the knowledge thereof by the defendant.
Thirdly. That certain incumbrances on said land were mentioned by the defendant, when said deed was given, and were excepted from said deed. And said remonstrance alleges, and claims that no part of said evidence showed any knowledge in the defendant, of any lease, or the terms thereof.
The finding of the superior court upon this remonstrance is, that the plaintiff, on the trial before the committee, offered to prove, by the evidence and testimony in said remonstrance set forth, the truth of the facts set forth in the bill, and said evidence was admitted, and heard, and considered, by the committee. And among other witnesses, the defendant testified to the notoriety, and condition, and situation of the race-way, or ditch, as claimed by the plaintiff, and that the same was not spoken of by the parties, during the negotiations, but he supposed the owner of the land had control of the ditch, or raceway; and that the committee received said evidence as proper, and was materially influenced and controlled by it in his decision. Whereupon, the court found the facts alleged in the remonstrance, proved, and thereupon disapproved and set aside the report.
Secondly. The facts regarding the existence, character, and necessity of said ditch, and the knowledge thereof by the defendant, seem to us to have been clearly admissible. We can conceive of no ground, upon which the existence of the ditch, and the knowledge of the defendant of it, for a period of sixty years, could be objected to. Its existence, as a permanent incumbrance, is the main ground and foundation of the application for relief. If it had no existence, the defendant would have no claim under the covenants in his deed, and the plaintiff would be"under no liability to be relieved against. And if the defendant had had no knowledge of it, surely there could be no claim that he ought, in equity, to give up any security, that the covenants in the deed give him against it. And the character of the ditch itself might, 'and no doubt did, tend very conclusively to show the knowledge of the defendant of it, as an artificial structure. It was so covered for about half its distance, as not to be visible, but when it became visible, it would seem that its inspection would show very clearly whether it was,
The fact that the blacksmith’s shop, and engine-house, on the premises, were excepted from the deed, went to show that it was the intention of the parties to except from it whatever incumbrances there might be upon the land, that the plaintiff had no right to convey.
If we are correct in what has been said, it follows that-the committee, in finding the facts in the case, did not act upon any illegal or improper evidence. Indeed, we are inclined to think that the error of the superior court, in setting aside the report, consisted in reviewing the finding of the committee upon the evidence itself, rather than in confining itself to the simple question of the admissibility of the evidence, to prove the facts for which it was offered. It is always the province of the court, to supply any defect in the report of a committee, in not finding all the facts which are in issue, and which may be important to a decision of the case: but we do not understand that it belongs to the court to pass upon evidence which has once done its proper office before a committee, in enabling the committee to find facts upon it, any more than to review the finding of a jury, upon evidence submitted to it for the purpose. From the existence and notoriety of the incumbrance, its long standing, and the long acquaintance of the parties with it, as a permanent thing, the fact that no mention was made of it in the negotiation, though other incumbrances were mentioned in the deed and excepted, the committee drew the inference, that it was the intention of the parties that it should be excepted from the deed. The court, on the contrary, was of opinion that nothing was done by the parties, from which such an inference could be made. Had this been a mere legal inference, as seems to have been the opinion of the court, it might properly be reviewed, but, as we think it an inference of fact, made by the committee, from other facts and circumstances
The defendant insists, that the long continuance of the ditch across the land, together with full knowledge thereof on his part, furnishes no evidence of the existence of the grant under which it has been maintained. ■ Whether White had knowledge of the terms of the instrument itself, we do not think important. He knew that the structure had, for very many years, been maintained, and used, by the mill-owners, to convey the water from the mill; and that it was a permanent structure. He could only infer from this, if he did not know the precise terms of the grant, or did not know that there was a grant in fact, that the mill-owners owned the right, as appurtenant to their mill, and that it was a right in fee, even if acquired by adverse use,
The defendant’s counsel seem to suppose that there could have been no intention to except the right to maintain the ditch from the deed, because the parties said nothing about it. But courts will often found decisions and judgments upon the presumed intention of the parties, where nothing has been said. A man is presumed to intend the natural and probable consequence of what he does; and on this principle many persons have been found guilty of the highest crimes. A man is presumed to accept of a conveyance of property, made to him, on the ground that, it being for his benefit, he would naturally wish to receive it; and on this principle titles have been established. Indeed, we always draw inferences from our observation of the usual habits of men, which lead to a great variety of presumptions. These, inferences are the conclusions drawn by reason, and common sense, from premises established by proof; and are as applicable to questions of intention, where the intention of parties becomes important, as to any other disputable fact. It is true, as remarked by Judge Story, that if the proofs are doubtful and unsatisfactory, and the mistake is not made entirely plain, equity will withhold relief, on the ground that the written paper ought to be treated, as a full and correct expression of the intent, until the contrary is established beyond reasonable controversy. But this does not mean that there must always exist direct, and positive, proof that the instrument does not express the true intent of the parties, in order to justify the court in'reforming it. To give any such construction to the rule, would be to deny any right in a court of equity to interfere, unless the instrument could be shown to vary from written memoranda of the terms of the contract from which it is drawn up, or some evidence equally decisive.
In this opinion the other judges concurred.
Decree for plaintiff.