The New Hampshire Reports Volume 43

The New Hampshire Reports Volume 43

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1863 edition. Excerpt: ...by law be done. No part of the language is to be rejected, if it admits of a construction consistent with the general intent of the writing; but if the general intention of the instrument can be distinctly seen, and there is any part of its language which is irreconcilable with the rest, or if there is any part which would render the deed invalid, if effect should be given to it according to its natural construction, and it is capable of any other construction consistent with the general intent, that construction is to be adopted. And if there is any part which, upon any construction of which it is capable, is inconsistent with the principal purpose of the instrument, and must necessarily defeat its operation, it is to be rejected as a mere mistake. Grammatical errors never interfere with the interpretation of a deed, according to its evident intent. It is unnecessary to cite authorities to propositions so elementar. Our own reports abound with cases. See Gil. Dig., Deed, I; Bell's Dig., Deed, G, H; Bell v. vo1.. xmu. 23 Sawyer, 32 N. H. 72; Eastman v. Kni ht, 35 N. H. 551; Johnson v. Simpson, 36 N. II. 91; Richardson v. almer, 38 N. H. 212. The court are not confined, in giving a construction to a deed, to what appears upon its face, but they may receive and consider evidence as to all the existing facts and attending circumstances connected with the transaction, so as to place themselves as nearly as may be in the situation of the parties to it. Goodhue v. Clark, 37 N. H. 533, and cases cited. In the present case, upon the attendant facts, it is impossible to doubt the purpose of these parties. The debt was due from the corporation, the note was their note, the mortgage was to be made upon their property, and to be efiectual must...show more

Product details

  • Paperback | 348 pages
  • 189 x 246 x 18mm | 621g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236852877
  • 9781236852878