Jay v. Michael

Citations

• 82 Md. 1
• 33 A. 322
• 1895 Md. LEXIS 94

Syllabus

<p>Construction of Deeds — What Passes Under a General Description— Ejectment — Evidence to Explain the Terms of a Deed.</p> <p>In an action of ejectment, where plaintiff and defendant both claim under the same party, it is prima facie sufficient to prove derivation of title from that party without proving title in him.</p> <p>It is the duty of the Court to construe a deed, but it is for the jury to apply its terms thus construed to the land in controversy in order to ascertain if the same is within the description. And parol evidence is admissible to explain the circumstances under which the deed was made.</p> <p>In an action of ejectment a plat and description of the boundaries of land made by a former owner is not admissible in evidence when the same was not known to the defendant or the person under whom he claims, or when it is not shown that the conveyance to him was made with reference to that plat.</p> <p>Plaintiffs sued in ejectment to recover a tract of land called “ Horner’s Fishery.” The land in question had been owned by two aunts of the plaintiffs, who devised to J. for life all their real estate, and also “all that farm on or near Swan Creek, called “Mould’s Success,” &c., containing 335 acres, and devised to plaintiffs the remainder in fee of all their real estate. J. conveyed the farm to the defendant’s grantor by the above description, after having received from plaintiffs conveyances of their interests in remainder. The deeds from plaintiffs to J. added to the above description, that the interest in- ■ tended to be conveyed was the entire interest which the grantors took under the said wills. This suit was brought after the death of J. The plaintiffs offered evidence to show that “ Horner’s Fishery ” was a distinct tract of land from “Mould’s Success,” while defendant contended that it was included in the deed to him. Held,</p> <p>ist. That upon the face of the deeds from plaintiffs to J., the intention to convey all the real estate devised to the