Leadbetter v. Blethen
Leadbetter v. Blethen
Opinion of the Court
The opinion of the Court was drawn up by
The rights oí the parties depend upon the officer’s return on the writ, David Betts v. Jabez Leadbetter et al. Does he in the first clause intend to say, that he has attached all the real estate of Leadbetter, in the town of Wayne, or only all his real estate in the grist-mill and stream on which it stands ? If he intended to attach all his estate the limitation was unnecessary. It is a rule of construction, that effect is to be given, if possible, to all the language used. This rule would be violated if the limitation were wholly rejected. And effect is given to the words, all his real estate, when they are restrained to all his real estate in the grist-mill and stream. General words in a deed may be restrained by a particular recital, when such recital contains a certain description of what is to be conveyed or performed. Solly v. Forbes, 2 Brod. & Bing. 38. The general words are in the return restrained and applied to the grist-mill and right of water, and these are sufficiently described to create a lien by attachment. That such •was the intention in the first clause is also apparent from the sec
Judgment on the verdict.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.