Hobbs v. Payson

Supreme Judicial Court of Maine

Hobbs v. Payson

27 A. 519, 85 Me. 498, 1893 Me. LEXIS 57

CourtSupreme Judicial Court of Maine

DecidedJune 6, 1893

StatusPublished

Cited by7 cases

This text of 27 A. 519 (Hobbs v. Payson) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hobbs v. Payson, 27 A. 519, 85 Me. 498, 1893 Me. LEXIS 57 (Me. 1893).

Pincite

Opinion

Haskell, J.

The words of a grant, "All my right, title and! interest in and to all real estate situated in Hope, Warren and. Union,” are sufficient to convey the grantor’s estate there; situated. Bird v. Bird, 40 Maine, 398.

An explanatory clause in such grant, " meaning to convey all! my right, title and interest in the real estate formerly occupied by me,” does not limit the grant to such estate only. It rather makes sure that such lands were to be included with those of which the grantor had the visible occupation. They are words of inclusion and not of exclusion.

Words of reference or of explanation never destroy a specific grant. Maker v. Lazell, 83 Maine, 562. They are useful where the description is imperfect and where it is aided rather than controlled by them. Hathorn v. Hinds, 69 Maine, 326 ; Brunswick Savings Institution v. Crossman, 76 Maine, 577; Brown v. Heard, ante, 294.

[500]*500The court is of opinion that the quitclaim deed, upon which the plaintiff relies, conveys the land demanded.

Exceptions overruled.

Peters, C. J., Walton, Libbey, Foster and Wiswell, JJ., concurred.

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