Whallon v. Kauffman
New York Supreme Court
THIS cause came before the Court on a bill of exceptions, taken to the opinion of the Judge at the trial. On the 10th day of December, 1813, the defendant, for the consideration of 9,500 dollars, conveyed to the plaintiff several parcels of land, lying in the county of Essex.
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THIS cause came before the Court on a bill of exceptions, taken to the opinion of the Judge at the trial. On the 10th day of December, 1813, the defendant, for the consideration of 9,500 dollars, conveyed to the plaintiff several parcels of land, lying in the county of Essex. One of the tracts released and conveyed, and which gave rise to the present suit, was described in the following manner : “all and singular, the one equal undivided half part of that certain lot or tract of land, situate in the towns of Willsborough and Essex, in the county of Essex, called the Conolly patent ; (the…
1Opinion of the CourtWoodworth, J.
The construction to be put on the co-. venants of seisin, and authority to convey, must be collected' from a careful examination of the whole deed.
The cardinal point is, what was the intention of the parties, as derived from the deeditself ? When that is discovered,, it ought to be carried into effect, if it can be done consistently with the rules of law. If the words and provisions are doubtful, they are to be taken most strongly against the grantor. If they are susceptible of different constructions, the Court may take into consideration, the circumstances attending the transaction, the…
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- West Coast Manufacturing & Investment Co. v. West Coast Improvement Co.Washington Supreme Court · 1901
- Cook v. HenslerWashington Supreme Court · 1910
- Burnham v. WebsterU.S. Circuit Court for the District of Maine · 1846
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