Reports of Cases Argued and Determined in the Court of Appeals of the State of New York Volume 9 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ...to be examined The People against Van Rensselaer. by Judge Denio. Whether the manorial privileges were rightfully granted or legally enjoyed during the continuance of the colony, is not indispensable to the proper determination of this action, unless, indeed, the inserting of those privileges in a grant of lands invalidates the grant. The latter, therefore, is the only point to be considered by me. The two rules of most general application in construing a written instrument are ' First, that it shall, if possible, be so interpreted that it shall be effectual, ut ret magis valeat. quam pereat; and second, that such a meaning shall be given to it as may carry out and effectuate, to the fullest extent, the intention of the parties. (Broom's Mcudms, 273, 414.) The principles which govern the construction of private grants are, with some qualifications, applicable to grants from the government. If the king's charter, says Coke, 'will bear a double construction, one which will carry the grant into effect, the other which will make it inoperative, the former is to be adopted." (Rutterv. Chapman, 8 Mees. If Wcls., 102, in the Exchequer Chamber, per TlNDAL, Ch. J.) In accordance with the same principle, where divers persons join in a deed, and some are able to make such deed and some are not able, this shall be said to be his deed alone that is able (Shep. Touch., 81), and if a deed be made to one that is incapable' and another that is capable, it shall enure only to the latter. (lb., 82.) The same doctrine is applicable to the subject matter of a grant. If with respect to a part of the thing granted, the grantor have a right to convey, and with respect to the residue he has no right, the deed will be available as to the part to which the grantor had...