Jordan v. . Hollowell

The plaintiff contends that all the land mentioned in the deed passed thereby, except the graveyard; and the defendant insists that the tracts of 45-acres and 50-acres are excepted. The deed is very inartificially drawn and obscurely worded. But that ought not to make any difference, if the intention of the parties can be discovered. That forms the true rule of construction of deeds as well as other instruments. And it appears to me that the meaning of these parties is very obvious. McSwain owned the three tracts of land described in the deed. They adjoined each other, and his cultivated land…