Hapgood v. Whitman
Massachusetts Supreme Judicial Court
The said Hapgood and others demanded a moiety of a certain parcel of land in Stow. The action was submitted to the decision of the Court on a case agreed by the parties, in which the whole question was, whether by a certain deed, a copy of which was in the case, the tenant took the whole, or a moiety only, of the land in question.
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The said Hapgood and others demanded a moiety of a certain parcel of land in Stow. The action was submitted to the decision of the Court on a case agreed by the parties, in which the whole question was, whether by a certain deed, a copy of which was in the case, the tenant took the whole, or a moiety only, of the land in question. By that deed, the tenant’s father, in consideration of the love and affection he bore to his said son, and his desire to see him comfortably settled in the world, granted to him in fee “ the one half of the land hereafter described, both in quantity and quality, one…
1Opinion of the Court
By the Court.
The words, one half of the land hereafter described, and one half of all the land contained icithin the bounds hereafter mentioned, necessarily apply to the land which is the subject of this suit; although these words are not repeated in that part of *372the deed which conveyed this particular' lot. The terms and also, which introduce the description of the land in question, show that the same portion of the land was intended to be granted as of that described in the preceding part.
Defendant defaulted.
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