Hobbs v. Payson
Supreme Judicial Court of Maine
On exceptions. This was a real action in which the plaintiff relied upon two different sources of title; first, under a mortgage from John Payson to one Counce, which came to the plaintiff by various mesne assignments; and, second, under a quitclaim deed from said Payson, the description of the land conveyed being as follows : "All real estate situated in Hope, Warren and Union, meaning to convey all my right, title and interest in the real estate occupied by me.”
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On exceptions. This was a real action in which the plaintiff relied upon two different sources of title; first, under a mortgage from John Payson to one Counce, which came to the plaintiff by various mesne assignments; and, second, under a quitclaim deed from said Payson, the description of the land conveyed being as follows : "All real estate situated in Hope, Warren and Union, meaning to convey all my right, title and interest in the real estate occupied by me.” The defendant claimed title under said Payson, and it was admitted that the title was in Payson at the time he executed the…
1Opinion of the CourtHaskell, J.
The words of a grant, "All my right, title and! interest in and to all real estate situated in Hope, Warren and. Union,” are sufficient to convey the grantor’s estate there; situated. Bird v. Bird, 40 Maine, 398.
An explanatory clause in such grant, " meaning to convey all! my right, title and interest in the real estate formerly occupied by me,” does not limit the grant to such estate only. It rather makes sure that such lands were to be included with those of which the grantor had the visible occupation. They are words of inclusion and not of exclusion.
Words of reference or of explanation…
2Cited by7 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Dickson v. WildmanCourt of Appeals for the Fifth Circuit · 1910
- Costello v. GrahamArizona Supreme Court · 1905
- Page v. NissenSupreme Judicial Court of Maine · 1969
- Portland Trust Co. v. BeatieOregon Supreme Court · 1898
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