Haven v. Cram
Superior Court of New Hampshire
THIS was a writ of entry, in which the plaintiffs demanded seizin of a tract of land in Unity, and counted upon their own seizin and a disseizin by the tenant. The cause was tried upon the general issue, at October term. 1816, in this county. The plaintiffs made out a regular title under Banning Wentworth, the original grantee of the land.
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THIS was a writ of entry, in which the plaintiffs demanded seizin of a tract of land in Unity, and counted upon their own seizin and a disseizin by the tenant. The cause was tried upon the general issue, at October term. 1816, in this county. The plaintiffs made out a regular title under Banning Wentworth, the original grantee of the land. The defendant set up a title under a sale of the de-mandcd premises at vendue,for taxes in 1813, by the constable of Unity ; and the question raised upon the defendant’s title was, as to the validity of the constable’s deed. The lot taxed, of which the…
1Per curiam
The deed of the constable is clearly void, for uncertainty, unless it can be construed to be a grant of two hundred and fifty acres, to be located by the grantee at his election. In a common conveyance from one individual to another, the court would be warranted in putting such a construction upon a deed. Pac. Ah., Grant” 11. 3. Because every deed is to be construed most favorably to the grantee ; and, therefore, to give effect to the conveyance, the deed is construed to give an election in such a case to the grantee to locate the laud.
But in England such a grant by the king would be void.…
2Cited by4 opinions
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