Stinchfield v. Gerry
Stinchfield v. Gerry
Opinion of the Court
Plaintiff claims that defendant committed trespass on premises conveyed to him by deed of warranty containing the following description :■ “a certain piece or parcel of land situated
It is contended on the part of the plaintiff that in cases of ambiguity in the description, the covenants in the deed may be taken into consideration in ascertaining the meaning of the parties, that by his deed he is entitled to fifty acres free from incumbrances; and to get it he must be bounded by the west line of the highway. But in this case there is no ambiguity in the description. The covenants in a deed cannot enlarge the grant, but only apply to the thing granted.
By the deed under which the plaintiff claims he is bounded on the east by the east line of the lot, and not by the west line of the highway. Plaintiff nonsuit.
Reference
- Full Case Name
- Otis Stinchfield v. John C. Gerry
- Status
- Published