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68 Me. 19

Andrews v. Pearson

Supreme Judicial Court of Maine

Decided August 6, 1875

Supreme Judicial Court of Maine · decided 1875-08-06

On pacts agreed. Trespass, guare clausum fregit, and for cutting grass in 1872 on a parcel of land to which both parties claimed title, under separate deeds from the same immediate grantor, one Freeman Allen.

Good law ✅— No negative treatment on recordhow we know

Decided 1875-08-06

How this case has been cited

Cited by 6 later decisions — most recently November 1964

6 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Walton, J.

¶1Freeman Allen was the owner of a farm of ancient *21and well defined boundaries. He undertook to convey it to the plaintiff. He first described it as his “ homestead farm.” He then undertook to give a further description of it by naming the several parcels or portions of lots of which it was composed. One of them is described as “ twelve and a half acres out of a lot numbered eight in the first range.” This portion of the farm in fact contained twenty-five acres. The question is whether this mistake left half of this parcel unconveyed. We think not. We think it falls within the principle, “falsa demonstratio non nocet,” — a mere false description in one particular, where enough remains to make it reasonably certain what premises were intended to be conveyed, will not defeat the conveyance. No one can read the description in this deed and doubt that it was the intention of the parties that the whole farm should pass.

¶2Judgment for plaintiff.

Appleton, C. J., Dickerson, Barrows, Yirgin and Peters, JJ., concurred.
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