Lunt v. Holland
Massachusetts Supreme Judicial Court
Trespass quare clausum fregit. Issue was joined on the plain tiff’s seisin, which was tried before Thatcher, J., at the last October term in this county.
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Trespass quare clausum fregit. Issue was joined on the plain tiff’s seisin, which was tried before Thatcher, J., at the last October term in this county. The plaintiff derived his title from a grant of the commonwealth, in which the premises conveyed are described as “ a certain tract of land lying in the township numbered one, in the county of Cumberland, * which was surveyed and laid out in April, 1789, by Samuel Titcomb, and is bounded as follows, viz., beginning at a hemlock tree standing by the south side of the River Androscoggin, thence south, &.C., to another hemlock tree also…
1Opinion of the Court
By the Court.
The commonwealth, in its deed to the plaintiff, having referred to TitcomVs survey, must be bound by it. The grantee must take in conformity to that survey, and the island, being included within the land surveyed, must pass by the deed. Besides, land granted as bounded by a river extends to the thread of the river, unless, from prior grants on the other side of the river, such a construction is negatived ; and in this case the channel on the farther side of the island may well be considered as intended by the description in this grant.
Judgment on the verdict
2Cited by35 opinions
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