Bowman v. Farmer
Superior Court of New Hampshire
This was a writ of entry, brought to recover a tract of land in Goffstown, and was tried upon the general issue at September term, 1836. It appeared that the parties were the owners of two adjoining lots ; each of which was bounded east by Merrimack river ; and the lot of the demandant lay southerly of the lot owned by the tenant.
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This was a writ of entry, brought to recover a tract of land in Goffstown, and was tried upon the general issue at September term, 1836. It appeared that the parties were the owners of two adjoining lots ; each of which was bounded east by Merrimack river ; and the lot of the demandant lay southerly of the lot owned by the tenant. It farther appeared, that the tenant, being the owner of both lots, on the 8th October, 1823, by deed conveyed the southerly lot to Thomas Pollard, under whom the demand-ant claims that lot. The dividing line between those lots is thus described in that deed: “…
1Opinion of the CourtRichardson, C. J.
It is a well settled general rule, that in a description of land in a deed of conveyance, what is most material and certain shall control that which is less material and uncertain. Thus a river, a known stream, a spring, or a marked tree, when declared to be a boundary in a deed, will control both course and distance. 9 Cranch 178; 7 Cowen 723, Jackson vs. Wedger; 1 do. 605, Jackson vs. Camp; 7 Wheaton 10, Newton vs. Prior; 6 do. 582, Preston vs. Bowman.
And if in the deed of the tenant in this case a reference had been made to Black brook, as a boundary between the two tracts, it is very…
2Cases cited2 opinions
- Newsom v. Pryor's LesseeSupreme Court of the United States · 1822
- McIver Lessee v. Walker and AnotherSupreme Court of the United States · 1815
3Cited by1 opinion
- Knowles' PetitionSuperior Court of New Hampshire · 1851