Watson v. Blaine
Supreme Court of Pennsylvania
IN ERROR. The court is to give the construction of a written instrument, except where it cannot be understood without reference to facts dehors the writing; and, in that case, the jury are to judge of the whole together.
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IN ERROR. The court is to give the construction of a written instrument, except where it cannot be understood without reference to facts dehors the writing; and, in that case, the jury are to judge of the whole together. Where a writing contained in the first part of it, a certificate that A., prior to its execution, had sold to B. seven hundred acres of land, and that a survey, made by S. L. the deputy surveyor, containing two hundred and nineteen acres, seventy-six perches, and the allowance of six per cent. was part of the aforesaid tract, for -which the said Ji. had paid him four pounds…
1Opinion of the Court
The opinion of the court was delivered by ,
Tii.ghmaN, C. J.
This is an action of covenant, by the administrator of John Davis, deceased, against the executors of Ephraim Blaine, deceased, on a writing under hand and seal, executed by the said Blaine, on the 6th of June, 1783. The first question which arose, on the trial of the cause, was, Whether the court was bound to give the construction of the writing, and, if so, what was its meaning? It is a general rule, that the court, and not the jury, are to judge of the meaning of a written instrument, except in certain cases, where the instrument…
2Cases cited4 opinions
- Bowen v. BellNew York Supreme Court · 1823
- Jordan v. CooperSupreme Court of Pennsylvania · 1817
- Hamilton v. executors of M'GuireSupreme Court of Pennsylvania · 1817
- Moore v. MillerSupreme Court of Pennsylvania · 1818
3Cited by4 opinions
- Vaugine v. TaylorSupreme Court of Arkansas · 1856
- Ayres v. McConnelIllinois Supreme Court · 1853
- Sidwell v. EvansSupreme Court of Pennsylvania · 1830
- Griswold v. MessengerMassachusetts Supreme Judicial Court · 1828