55 Vt. 475 | Vt. | 1882
The opinion of the court was delivered by
The description of the land in the deed under which the plaintiff claims title is as follows: “ The hotel now occupied by S. R. Miller, and the lands adjoining it, being two or three acres, more or less.” The lánd in dispute was separated from the land on which the hotel stood by a river, the size of
It is also claimed that this expression, “ lands adjoining,” is equivalent to the expression, “ and all lands thereto appertaining.” The words “ adjoining” and “ appertaining” are not synonymous. As descriptive words in a deed, “ adjoining” usually imports contiguity; “ appertaining,” use, occupancy. One thing may appertain to another without adjoining or touching it. Proof that pieces of land adjoin would not be proof that one appertained' to the other. Neither in literal meaning, nor as used in deeds, are they equivalent. Under the rules of construction applicable to deeds, in an action of trespass, the term, “ lands adjoining,” was too indefinite to make the grant extend beyond" the medium filum of the main channel of the river. The term cannot be construed literally, as there is no limit.to adjoining land.
The defendant claimed title to the land in dispute, called Spruce island, from different sources. One was by deed of Moses McFarland, dated October 16,1871, the description being by reference to a former deed, and being found in the deed of Erastus Chaffee to Nason Chaffee, dated March 28, 1861. As we understand the referee’s report, the description in said last mentioned deed ran . around three sides of a piece of land on the westerly side of the river in question, called the North Branch of Lamoille River, beginning at one point on the river, and running around to another
The proforma judgment of the County Court is affirmed.