This historic book may have numerous typos and missing text.
Purchasers can usually download a free scanned copy of the original
book (without typos) from the publisher. Not indexed. Not
illustrated. 1875 edition. Excerpt: ...in the seventh, and
therefore added such words as would appear naturally in the patent
if this were the case? The Chief Justice of the Queen's Bench, in
Juson v. Reynolds ((1), says: Courts of justice are always inclined
to construe deeds so as to give effect to the intention of the
parties, and where it appears from the instrument itself and the
surrounding circumstances what that intent really was, they reject
that which would be inconsistent with the true intent. As authority
for the proposition, that a Court in construing a deed or patent is
bound to look at such surrounding circumstances as that to which I
have referred, see this case, and also Doe dam. Gildersleeve v.
Kennedy (b), referred to therein. It is said the best way to
expound a description, is to read it on the land. The next best
thing to that, is to do as I here propose, namely, read it in the
light of that evidence as to locality, and otherwise, given by the
surveyor. In Boardman v. Read 5% F0r0Z's lessees (c), .'VIcLean,
J., says, The entire description in the patent must be taken and
the identity of the land ascertained by a reasonable construction
of the language used. If there be a repugnant call, which, by the
other calls of the patent, clearly appears to have been made
through mistake, that does not make the patent void. Words
necessary to ascertain the' premises must be retained, but words
not necessary for that purpose may be rejected, if inconsistent
with the others (eZ). Except for the reference to the Bryant land
in the patent I cannot say there would be any doubt in my mind as
to the boundary between these lots. Taking into consideration the
way in which, as I 1874-believe, this reference came to...
|Country of origin:
||246 x 189 x 11mm (L x W x T)
||Paperback - Trade
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