Cloyes v. Sweetser
Massachusetts Supreme Judicial Court
This was a petition for partition, which was submitted to the court upon an agreed* statement of facts. John Sweetser, by his deed dated September 10th, 1842, conveyed to the petitioners,*with two other parcels of land, an estate in South Reading described as follows: “ One undivided half of all the buildings that are situated on the homestead I now improve and occupy with the land under and about the same.”
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This was a petition for partition, which was submitted to the court upon an agreed* statement of facts. John Sweetser, by his deed dated September 10th, 1842, conveyed to the petitioners,*with two other parcels of land, an estate in South Reading described as follows: “ One undivided half of all the buildings that are situated on the homestead I now improve and occupy with the land under and about the same.” On the same day, the petitioner's made a lease, in writing, but not under seal, to John Sweetser, of several parcels of land therein described, “ to hold for the term of his natural life,…
1Opinion of the CourtDewey, J.
The decision of this case, if it depended solely *405upon the deed of John Sweetser to the petitioners for partition. would present an embarrassing question of boundary, as to the extent of the conveyance effected by that deed. But other instruments, which were executed between the same parties, at the same time, and respecting the same subject or estate, may well be considered in aid of the construction of any particular instrument, the terms of which are ambiguous. Clapp v. Draper, 4 Mass. 266 ; King v. King, 7 Mass. 496 ; Jackson v. M’ Kenney, 3 Wend. 233; Jackson v. Dunsbagh, 1 Johns. Ca. 91.
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2Cases cited3 opinions
- Clap v. DraperMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
- King v. KingMassachusetts Supreme Judicial Court · 1811
3Cited by1 opinion
- Goloskie v. RecorvitzSupreme Court of Rhode Island · 1966