Chandler v. McCard

In a conveyance by monnments, distances and quantity, the latter, being the most uncertain description, must yield to the former.

On Report from Nisi Prius, Appleton, J., presiding. Trespass quare clausum. The parties are owners of the north and south portions of the same lot. A four rod strip between them was claimed by both parties, and on this strip was the alleged trespass. The title of the plaintiff through mesne conveyances, was derived from John Amory to one Thomas Allen, by his deed of March 19, 1832. The description in that deed was thus: “ beginning at the north-east corner of said lot, on the town line; thence running south two degrees west on the town line, ninety-six rods, to a stake; thence west two degrees north, two hundred and twelve rods, to the east side of a town road; thence northerly by said road to the north line of said lot; thence east two degrees south on said north line, one hundred and forty rods, to the boundary first mentioned, containing seventy-five acres, however otherwise they may be bounded.'” Evidence was introduced by defendants, subject to objection, tending to show that it was the intention of the parties to Allen’s deed, that he should have just seventy-five acres; and that Allen said he was to have that number only; that in 1837 the proprietors run off his land and the surveyor made a mistake in his running; it was discovered by him, but it was too dark to correct it; that Allen asked if he might not have the overplus, to which inquiry was answered, that the deed had been made, and could not be altered. The plaintiff introduced evidence tending to show his occupation of the greater part of the land in dispute down to 1849, when the defendant run a fence about four rods further north across the lot, taking, into his possession the tract now in dispute. It appeared that if the plaintiff was limited- to seventy-five acres, he had no complaint against the defendants. The Court were authorized to render a legal judgment on the evidence admitted, and if a default was entered, the damages were agreed to be §10,00.