courses of Brooke grove: It appears likewise that if the
said twenty-fourth course of Addition &c. " runs to the end
of the eighty-fifth line of Brooke grove, the subsequent
courses exactly reverse as many courses of Brooke grove.
The defendant, Jno. B. Magruder, under an idea, that the
said twenty-fourth line of " Addition," must run, according
to the call, to the end of the eighty-first line, has a survey
made, to affect the land which would be vacant if the said
twenty-fourth line should run to the end of the eighty-first
line of Brooke grove;¾His certificate is caveated by Basil
Brooke, proprietor of Addition &c.
The first question then seems to be, whether Addition &c.
shall run, according to the courses and distances expressed in
the certificate, without any regard to the call to " Brooke
grove" or whether that call must in some manner be gratified.
Supposing the latter, which indeed is contended for by both
parties, the question is simply, whether " Addition &c" shall
run to the eighty-first line of Brooke grove, and then run the
courses and distances afterwards expressed, or whether the
words " to the end of the eighty-first line of Brooke grove"
must be discarded, and the said twenty-fourth line run to the
end of such line of " Brooke grove" as shall make the
subsequent courses reverse the courses of " Brooke grove" as
expressed in the certificate; that is to say, whether the
eighty-fifth shall be substituted for the eighty-first.
In the construction of all grants there are two principles to
be observed; first, that the intention of the parties, to be
collected from the whole of the deed, is to govern: Secondly,
that, where the construction is doubtful, the deed, or
instrument must be taken favorably for the grantee.
In the present case, it may be contended on the part of the
defendant, that no doubt arises on the face of the grant; that
there is no part which admits of two constructions; and that,
therefore, the end of the eighty-first line of " Brooke grove"
must terminate the twenty-fourth line of " Addition &c." It
is contended too that natural or artificial boundaries have
always controuled course and distance:¾But, from the nature
of the present case, we must resort to things out of the grant,
to ascertain the thing granted:¾These are the certificates and
plats of the two tracts " Addition &c" and " Brooke grove:"
By these, it appears, that the words of the grant are
inconsistent:¾If the twenty-fourth line of the former runs to the
end of the eighty-first line of the latter, the subsequent
courses cannot reverse as many courses of " Brooke grove:"
Four complete courses of " Addition &c." must be left before
we get to any course of " Brooke grove" to be reversed by
an expressed course of " Addition."
|