Winn v. Cabot
Winn v. Cabot
Opinion of the Court
afterward drew up the opinion of the Court. The only question in this case is, whether the demanded premises passed to the tenant by the mortgage deed, under which she derives her title. By that deed Wilson conveyed all his farm in Saugus ; and, after bounding it, the following clause is added : “ also six acres of woodland in the Six hundred acres, so called, bounded easterly and northerly on the range lines, westerly on Joseph Eaton, and easterly on John Ballard, or however otherwise the premises are bounded, being the same farm whereof Thomas Mansfield, late of Lynn, died seised, and which the heirs of said Thomas conveyed to me by two deeds recorded, &c. reference thereto being bad.”
On the part of the demandant, it is contended, that this special and particular reference must control the previous description, and is decisive to show that the wood lot was not intended to pass, as it never was the property of Mansfield, but was conveyed to Wilson by one Joseph Sweetser. But it seems to us very clear, that taking the whole description of the mortgaged premises together, there can be no doubt that
Demandant nonsuit
Reference
- Full Case Name
- Suel Winn versus Rebecca Cabot
- Status
- Published