Worthington v. Hylyer
Massachusetts Supreme Judicial Court
This was a writ of entry brought in the county of Berkshire, by the demandants, executors of the last will of John Worthington, Esq., deceased, upon a mortgage deed made by one Azariah Ashley to the testator of the demandants, for securing to him the payment of I00Z. due to him from Ashley, according to a promissory note mentioned and described in the condition of the deed.
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This was a writ of entry brought in the county of Berkshire, by the demandants, executors of the last will of John Worthington, Esq., deceased, upon a mortgage deed made by one Azariah Ashley to the testator of the demandants, for securing to him the payment of I00Z. due to him from Ashley, according to a promissory note mentioned and described in the condition of the deed. Upon not guilty pleaded, the cause was tried before Bewail, J.,at Lenox, September term, 1806, and a verdict found for the tenants, subject to the opinion of the Court, upon the report of the judge who sat on the trial,…
1Opinion of the Court
And now, at this term, the opinion of the Court was thus delivered by
Parsons, C. J.
[After a brief abstract of the facts reported oy the judge.] If the description in a conveyance be so uncertain, that it cannot be known what estate was intended, the conveyance is void. But in a deed poll, where there is a doubt, the construction must be against the grantor; and every deed ought to be so construed, if it can, that the intent of the parties may prevail, and not be defeated.
It seems to be a general rule, that when the description of the estate intended to be conveyed includes several…
2Cases cited1 opinion
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
3Cited by61 opinions
- Grimes' Executors v. HarmonIndiana Supreme Court · 1871
- Bowers v. AndrewsMississippi Supreme Court · 1876
- Benn v. HatcherSupreme Court of Virginia · 1885
- State Savings Bank v. StewartSupreme Court of Virginia · 1896
- Jackson ex dem. Smith v. MarshNew York Supreme Court · 1826
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