7 Vt. 522 | Vt. | 1834
The opinion of the court was delivered by
The questions wich arise in this case are—
1. Whether the deed from Samuel Calhoun, Jr. to Beach and Farnsworth was invalid for want of a consideration expressed therein ; and
2. Whether parol proof was properly admitted to prove that the deed was in fact given for a valuable consideration.
That part of the deed in question is as follows: — “For and in consideration of dollars, current money of the United States, received to my full satisfaction of,” &c. If the proper reading of this passage is — in consideration of dollars, current money, &c. then it would mean two or more dollars, which would suffice, as any sum of money would be sufficient. But if it is to read — in consideration of “ blank” dollars, current money, &c., as it is common to read an open space left between two words in printed forms, the filling up of which is necessary to make sense of an instrument, then it is no dollars, and of course no consideration is expressed. The syntax of the law is somewhat different from that of general literature. The latter, in ascertaining the meaning of a sentence or paragraph, is governed somewhat by the other rules of grammar also. But the law, in putting its construction upon language, is privileged to apply or reject these other rules, as shall suit the wisdom of its purpose; and upon an emergency, it may even treat any given passage as a synecdoche. Yet it will husband this prerogative, and not waste it upon a case that may be determined upon principles that are more ordinary and more safe.
But we leave this point in dubio, and decide the case upon the second.
In Mildmay’s case, Cok. Abr. Rep. 12, it is said — “a use cannot be raised by any covenant, proviso or bargain, upon a general consideration; and therefore, if a man by deed, indented and enrolled, 8sc. for divers good causes and considerations, bargain and sell his land to another and his heirs, nihil operalur inde, no use shall be raised upon- such general considerations, for it doth not appear to the court that the bargainor had quid pro quo; but the bargainee may aver that money or other valuable consideration was paid or given, if in truth it was so, and the bargain and sale is good.” It is observable -that this was the case of .a use, the doc
Judgment affirmed.