Byrd v. Ludlow

Citations

• 77 Va. 483
• 1883 Va. LEXIS 81

Syllabus

<p>1. Construction of Deeds-Context-Extrinsic evidence-Case at bar.-In suit to divide all T.’s real estate, partition was made of land conveyed in 1830 by C. to T., and bounded in part by Elizabeth river, and designated as lot No. 36. On the south thereof was marsh land and the boundary uncertain. W., appointed by the court to ascertain the boundary, reported that the lot contained all the marsh land conveyed in 1830, by C. to T., and extended to low-water mark; and that with this view he had had the lot surveyed and a plat made, which, however, did not give the exact boundary; and that the lot lay between two certain other parcels claimed by parties in the report mentioned. The court confirmed the report and decreed the lot to be sold, describing it, as the report had described it. It was sold ; the sale was confirmed; and the commissioners conveyed it to the vendors of L., describing it, not only by the metes and bounds, but also by the general description in the report and decree contained. But B. and others claim that none of the marsh land conveyed by C. to T., in 1830, passed by the deed to L., except the part embraced within the metes and bounds, and brought ejectment for so much as was not so embraced.</p> <p>Held :</p> <p>1. The deed conveyed the whole marsh land down to low-water mark.</p> <p>2. The object of the suit was to divide all the real estate whereof T. died seized and possessed, and certainly none was intentionally left undivided.</p> <p>3. In construing the deed, its entire context must be considered, the description by metes and bounds, and also the general description, as lying between certain other known parcels. ”</p> <p>4. The deed must also be considered in connection with W.’s report describing the lot as extending down to low-water mark and generally by its location, as well as by the survey and the plat, giving metes and bounds, but not claiming that they were exact.</p> <p>5. And so also must the decrees be examined as showing that the