 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1900 - 808 pages
...cases the deeds are construed in the light of such instruments. It is urged that the rule is that the intention of the parties is to be ascertained "by...the deed, as well as the situation of the parties." See 2 Devi. Deeds (2d Ed.), §§ 836, 839, 840, and cases cited. Counsel cite a number of cases supporting... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1899 - 612 pages
...intention that is not inconsistent with any rule of law, and is readily reconcilable with the rule that the intention of the parties is to be ascertained by considering all the provisions in the deed, as well as the situation of the parties, and then to give effect to such intention, if... | |
 | Law reports, digests, etc - 1919 - 2026 pages
...to her children. In arriving at the intention of the parties to that conveyance the court considered "all the provisions of the deed, as well as the situation of the parties," and said that the intent of the parties "would be most nearly carried out" by holding that the grantee... | |
 | Law reports, digests, etc - 1900 - 1146 pages
...control the effect to be given them." The case of Robinson v. Railroad Co., 59 Vt. 426, 10 Atl. 522, upon which the defendant relies, falls under the first...extraneous circumstances. No positive rule of law can be lawfully violated In the search for intent. Devi. Deeds, í§ 835, 838, 840. The referee has reported... | |
 | Law reports, digests, etc - 1886 - 896 pages
...principle of law is thereby violated. This intention is to be ascertained by taking into consideration all the provisions of the deed, as well as the situation of the parties to it. Robbins had purchased the whole lot of Bohannan; it contained one hundred acres; was fifty rods... | |
 | Law reports, digests, etc - 1898 - 1234 pages
...particular purpose of limiting the estate granted. The governing rule of Interpretation is "that the intention of the parties Is to be ascertained by considering...as well as the situation of the parties, and then to give effect to such intent if practicable, when not contrary to law." 2 Devi. Deeds, § 8Ж When... | |
 | Law reports, digests, etc - 1917 - 1312 pages
...Patterson, 142 Mo. loc. dt 318, 44 SW 252, it is said : "Tlie governing rule of interpretation is, 'that the intention of the parties is to be ascertained by considering...as well as the situation of the parties, * * * and to take into consideration * * * their acts and conduct with respect thereto.' " No stronger words... | |
 | Law reports, digests, etc - 1891 - 1248 pages
...it by the four corners, read it." Walsh v. Hill, 38 Cal. 487. This rule requires a consideration of all the provisions of the deed, as well as the situation of the parties, in order to ascertain their Intention, and give it practical effect. The evidence- Indicates thnt the... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1894 - 694 pages
...of the southeast corner of the west half of said claim, in as near square shape as can be had." The intention of the parties is to be ascertained by considering all the provisions of the deed, and it is the duty of the court to give effect to such intention if practicable: 2 Devlin, Deeds, §... | |
 | Law reports, digests, etc - 1896 - 1262 pages
...counteracted by some rule of law. • * * The rule is that the intention of the parties is to be plainly ascertained by considering all the provisions of the...as well as the situation of the parties, and then give effect to such intention, if practicable, when not contrary to law." 2 Devi. Deeds, § 836. "Manifestly,... | |
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The intention of the parties Is to be ascertained by considering all the provisions of the deed, as well as the situation of the parties, and then giving effect to such intention, if practicable, when not contrary to law. 
