Maryland Reports Volume 1

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1809 Excerpt: ...purpose following, and the uses are then expressed very fully and particularly. This deed is therefore to be considered as disclosing and particularizing the intentions of the parties, and were, together with those to be made in consequence of it, to operate as one general settlement, to effectuate the purposes specified. The lease from Alexan ier Hamilton, mentions the intent of it was to put them in May, possession, so as to take a release of the reversion and in-v. '. heritance, to them and their heirs, in such manner, and to Hammond's such uses, &c. as should be thereby declared. What then e"ee were these uses? This release recites the former deeds of Brice? lease and release, and the particular uses thereiu mentioned, and is said to be made for fulfilling the intent of the said deeds of lease and release, and every clause, article and covenant therein. The Court then agreeably to principles of natural justice, where there are no particular legal rules to be observed, would determine it in our favour; therefore, it is to be considered if there are any such rules. Before I consider what objections may be made, I will premise some rules for the exposition of these deeds, and I believe I may allege it to be a general rule, that the Court will in all cases support, if possible, the intention of the parties, unless it be repugnant to the general policy of the law. But where the conveyance is by way of use, as those deeds are, this rule is more particularly attended to. It is objected that it is a conveyance at common law, and therefore not entitled to the same equitable construction, as a conveyance under the statute of uses. This objection admits the reasoning, that conveyances under the statute should be construed beneficially, according to the pa...