Gardner v. Webster
Supreme Court of New Hampshire
Trespass qu. cl., for crossing the plaintiff’s field. Plea, the general issue, with a brief statement of a right of way. Facts found by the court. The defendant owns farm No. 1, and the plaintiff owns farm No. 2, adjoining No. 1 on the east. The northern boundary of both is a highway. In 1882 the defendant, owning’ both farms, conveyed No. 2, “ reserving the right to pass and repass at all time across the above described land to my pastures and the ‘Point,’ so-called.”
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Trespass qu. cl., for crossing the plaintiff’s field. Plea, the general issue, with a brief statement of a right of way. Facts found by the court. The defendant owns farm No. 1, and the plaintiff owns farm No. 2, adjoining No. 1 on the east. The northern boundary of both is a highway. In 1882 the defendant, owning’ both farms, conveyed No. 2, “ reserving the right to pass and repass at all time across the above described land to my pastures and the ‘Point,’ so-called.” The defendant’s grantee conveyed to the plaintiff. The lot called the Point is the most southern part of No. 1, and is…
1Opinion of the CourtCarpenter, J.
In determining what the parties to a deed or other contract intended by words of doubtful meaning, all the material surrounding circumstances are competent to be considered. The interpreter, by looking at the subject-matter of the contract from their standpoint, will the more readily ascertain the sense which they attributed to the language used. Evidence is admissible of all facts that will enable or aid the court to place itself in their situation. Goodhue v. Clark, 37 N. H. 533; Lane v. Thompson, 43 N. H. 320, 324; Tenney v. Lumber Co., 43 N. H. 343, 350; March v. Railroad, 43 N. H. 516,…
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