Drew v. Drew
Superior Court of New Hampshire
Issue on a petition for partition sent from the superior court. In 1765, Elijah Drew conveyed the tract of land, of which partition was prayed, to Staten Austin. At the time of this conveyance, this tract formed a part of said Drew’s homestead farm, and was taken out of it in such a way as to leave it surrounded on all sides by the remaining parts of the farm, and without any access to it except over the farm.
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Issue on a petition for partition sent from the superior court. In 1765, Elijah Drew conveyed the tract of land, of which partition was prayed, to Staten Austin. At the time of this conveyance, this tract formed a part of said Drew’s homestead farm, and was taken out of it in such a way as to leave it surrounded on all sides by the remaining parts of the farm, and without any access to it except over the farm. Austin remained the owner of this tract till his death, in 1801. A year or two after his death, it was sold by his administrator, according to law, to William Drew, a son of said…
1Opinion of the CourtBell, J.
In construing a description of property granted or devised in a deed or will, the facts of the case are to be first ascertained, that the instrument may be interpreted "with reference to the facts, which were before the grantor or devisor ; because his intention and meaning may thus be most readily and satisfactorily ascertained. Webster v. Atkinson, 4 N. H. Rep. 23; Webb v. Stone, 4 Foster’s Rep. 286 ; Wooster v. Butler, 13 Conn. 309.
It is sometimes said the instrument is to be viewed in the light of the surrounding circumstances.
The whole language of the deed is to be considered together,…
2Cases cited27 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Lush v. DruseNew York Supreme Court · 1830
- Jackson ex dem. Van Vechten v. SillNew York Supreme Court · 1814
- Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
22 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sorenson v. WilsonSupreme Court of New Hampshire · 1984
- Pillsbury v. ElliottSupreme Court of New Hampshire · 1876