Doolittle v. Blakesley
Supreme Court of Connecticut
MOTION for a new trial. ■ _ _ This was an action of ejectment in right of the wife, detnUiding the seisin of the fifth part of one undivS8®d' a certain lot of land situated in Cheshire, cofr* taining about nine acre Si The' disseisin was alleged to have been about 1st Ajiril, 1808. The defendant pleaded the general issue.
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MOTION for a new trial. ■ _ _ This was an action of ejectment in right of the wife, detnUiding the seisin of the fifth part of one undivS8®d' a certain lot of land situated in Cheshire, cofr* taining about nine acre Si The' disseisin was alleged to have been about 1st Ajiril, 1808. The defendant pleaded the general issue. On the trial said Rosetta claimed title to the premises; &s devisee under the Will of Moses Blakesley, deceased»' The facts Which appeared were as follows: Moses Blakesley, father of the defendant, and of said Rosetta, ¿h the 14th of February, 1776, was seised of the land…
1Opinion of the CourtBraineud, J.
The first question is, whether the admission of the testimony to explain the extent of the deed of 1776 from Moses to Asa was proper ?
The term “ farm,” as to extent, is indefinite and ambiguous. A. grants or devises a farm situated in a particular parish in a particular town. He may own divers farms, or divers tracts of land, in the same parish. Such a grant or devise would not be void for uncertainty. It would not be void merely because from the face of it, it could not be ascertained which farm was intended, or how many of the tracts were meant to be included “in the term “farm.” Here would…
2Cases cited1 opinion
- Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
3Cited by15 opinions
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Bowers v. AndrewsMississippi Supreme Court · 1876
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
- Ruick v. TwarkinsSupreme Court of Connecticut · 1976
- Flynn v. HolmanSupreme Court of Iowa · 1903
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