Abbott v. Pike
Supreme Judicial Court of Maine
On Report from Nisi Prius, Wells, J. presiding. Writ op entry, for a “ lot of land numbered three, being the farm on which Peter Wyman formerly lived.” The demandant made title under a deed of warranty from Peter Wyman to Benjamin Hilton. This deed described the land to be lot numbered three, “being the same farm that Peter Wyman now lives on.”
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On Report from Nisi Prius, Wells, J. presiding. Writ op entry, for a “ lot of land numbered three, being the farm on which Peter Wyman formerly lived.” The demandant made title under a deed of warranty from Peter Wyman to Benjamin Hilton. This deed described the land to be lot numbered three, “being the same farm that Peter Wyman now lives on.” At the close of the covenants, were the following words, “ Provided, nevertheless, that the said Wyman shall pay or cause to be paid unto John Black two notes of hand signed by Benjamin Hilton, William Wyman and Charles Dolbier, for seven hundred and…
1Opinion of the CourtHoward, J.
— The deed from Peter Wyman to Hilton is absolute. The clause supposed to render it conditional is incomplete, unmeaning and inoperative. We are not at liberty to surmise the object of inserting that particular portion of the deed, nor are we called upon to reform the instrument, in any respect. Freeman’s Bank v. Vose, 23 Maine, 98.
Whether Wyman did, or did not pay the notes described in the clause referred to, is immaterial, and the evidence on that point, is of no importance to this case.
Treating the deed as absolute, the next inquiry is, what was conveyed by it. The language of the grant…
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