Clap v. Draper
Massachusetts Supreme Judicial Court
Trespass for breaking and entering the plaintiff’s close in Dorchester, in the county of Norfolk, and cutting and carrying away five hundred trees of the value of five hundred dollars.
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Trespass for breaking and entering the plaintiff’s close in Dorchester, in the county of Norfolk, and cutting and carrying away five hundred trees of the value of five hundred dollars. Upon not guilty pleaded, the cause was tried at Dedham, and a special verdict found, from which it appears that on the 18th of May, 1763, Joseph Humfrey was seised of the close in fee, and by a deed then executed conveyed the same to one Stephen Fowler in fee ; that on the same day, Fowler reconveyed to Humfrey, his heirs and assigns, all the trees and timber standing and growing on said land forever, with free…
1Opinion of the Court
The cause was continued nisi for advisement, and now, at this term, the opinion of the Court was delivered by
Parsons, C. J.
[After stating the action and reciting the substance of the special verdict.] The two deeds in this case, executed on the same day, the latter referring to the former, and relating to the same transaction, must be considered as intended to effect the same contract, and must be construed together. The result of this joint construction is, that the grantor conveyed the close to the grantee in fee, reserving to himself an inheritance in the trees and timber, not only then…
2Cited by41 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- Lodwick Lumber Co. v. TaylorTexas Supreme Court · 1906
- Caldwell v. FultonSupreme Court of Pennsylvania · 1858
- Baxter & Co. v. MattoxSupreme Court of Georgia · 1898
- R. M. Cobban Realty Co. v. DonlanMontana Supreme Court · 1915
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