Winter v. White

Robinson, J., delivered the opinion of the Court. The plaintiff is the owner of a tract of land called “Benson’s Park,” and the defendant is the owner of an adjoining tract now called “Spring Garden,” being part of “Chew’s Resolution Manor.” The piece of land in controversy, is a long narrow strip running between the two farms. The plaintiff claims title under a deed from Georgianna Haight, conveying to him all “those tracts or parcels of land situate in Howard County, constituting the farm of which the late Theodore R. S. Boyce died seized,” followed by a reference to the several deeds under which Boyce acquired title, and also by reference to a survey of said tracts or parcels of land by William Dawson, in which the metes and bounds, courses and distances are given. The first and main question in this case is, the construction of this deed.

Here are two descriptions of the property, the one a general description, and the other a special description. Is the plaintiff entitled to claim under the general description, all those tracts or parcels of land constituting the farm of which the late Theodore R. 8. Boyce died seized, or is his title limited to the land embraced in Dawson’s survey ? In the construction of a deed, as in all other instruments, the intention of the parties must prevail, unless such an intention contravenes some well settled rule of law.

The object of the descriptive part of a deed, is to define what the grantor meant to convey and the grantee to receive; and when the intention of the parties is apparent and plain on the face of the deed itself, there ³¹⁵ is no room for construction. But where there are two descriptions, the one general and the other special, and they do not agree, the deed must he interpreted according to the well settled rules of construction. And in such cases, it is the settled law of this State, that the grantee may rely on that description which is most beneficial to him. In the early case of Hall vs. Gittings, 2 H. & J., 112 , Chase, C. J., said, “that where there are two descriptions of land intended to be conveyed, the one by name and the other bypnetes and bonds, or courses and distances, the grant will operate to pass the land according to that description which is most beneficial to the grantee." And again in the well considered case of Buchanan’s Lessee vs. Stewart, 3 H. & J., 330 , argued by such distinguished lawyers as Luther Martin, and William Pinkney, Attorney-General of the United States, where an action of ejectment was brought to recover a tract of land described in the deed as “all that lot or parcel of ground situate, lying and being in Baltimore Town, which is known and distinguished on the plot of said town bytheNo.25,v and thenfollowed by a description of the lot by courses and distances, the Court held that the entire lot passed by the general description, although part of it was not embraced within the special description by courses and distances.

In delivering the opinion of the Court, Chase, C. J., said: “It is equally well established, that the intention of the parties should prevail in expounding deeds, if not repugnant to some principle or maxim of the law, which is to be collected from the whole deed. It is a position not to be controverted, that a deed is to be construed most beneficially for the grantee, whenever there is a necessity for resorting to that maxim. 'The apparent intention on the face of the deed is, that all of the lot No. 25 should pass to the grantee. And the general words, all the lot No. 25, and which is known ³¹⁶ and distinguished on the plot of the town hy No. 25, are fully competent to transfer the whole; there is nothing in the additional description by course and distance from which it can be intended or inferred, that the general description was to be limited or modified; * * * * and there is not any thing appearing in the deed indicative of an intention to convey less than the whole lot.” Now, in this case Miss Haight conveys to the -plaintiff all the land which constituted part of the farm of which Boyce died seized, and the title of the grantor to every paid of said land passed to the grantee, even though a part of it may not be included in the course and distance set- out in DaAvson’s survey. And such beyond all question was the intention of the parties.

This narrow strip of land in question, altogether not more than a half acre, was inclosed and had been claimed as constituting a part of the Boyce farm for at least