Land Company v. Saunders

• Decision Date: 01 October 1880
• Citation: 26 L.Ed. 546,103 U.S. 316
• Parties: LAND COMPANY v. SAUNDERS
• Court: U.S. Supreme Court

103 U.S. 316

103 U.S. 316

26 L.Ed. 546

LAND COMPANY v. SAUNDERS.

October Term, 1880

ERROR to the Circuit Court of the United States for the District of New Hampshire.

The facts are stated in the opinion of the court.

Mr. William L. Putnam and Mr. Ossian Ray for the plaintiff in error.

Mr. Josiah G. Abbott, contra.

MR. JUSTICE BRADLEY delivered the opinion of the court.

This is a writ of entry brought by the Bartlett Land and Lumber Company, against Saunders, to recover possession of a certain tract of land in Grafton County, New Hampshire, described as follows:——

'Beginning at the northwest corner of the town of Albany, and thence runing north about 3 degrees east, 3 miles and 65 rods, to a spruce tree marked; and from thence north about 6 degrees east, 4 miles and 95 rods, to a fir tree marked; and from thence south about 87 1/2 degrees east, to the westerly line of Hart's Location, and to the easterly line of Grafton County, as established by the act approved July 3, 1875, entitled 'An Act establishing the east line of Grafton County;' and from thence along the east line of Grafton County to the bound begun at, and containing 8,000 acres of land, more or less.'

The defendant filed a plea, defending his right in, and denying disseisin of, all the land described in the plaintiff's writ which is included in the following-described tract, viz.:——

'Beginning at the northwest corner of the town of Albany, formerly called Burton, and thence running north about three degrees east, three miles and sixty-five rods, to a spruce tree marked; and from thence north about six degrees east, four miles and ninety-five rods, to a fir tree marked; and from thence south about eighty-seven and one-half degrees east, to the westerly line of Hart's Location; thence southerly by the westerly line of Hart's Location to the point in said westerly line nearest to the northwest corner of said Albany; thence in a straight line to the northwest corner of said Albany.'

He disclaimed title to the remainder of the land claimed in the demandant's writ.

Upon these issues the cause came on to be tried, and after the demandant's evidence was adduced, the court instructed the jury that, upon the case made thereby, the demandant was not entitled to recover. A verdict was given for the defendant, and judgment rendered accordingly. The present writ of error is brought to reverse this judgment.

The specific points raised upon the trial, upon which the court was called upon to pass, are presented by a bill of exceptions, which exhibits the evidence in detail. Such parts of this evidence as may be necessary to understand the matters of law raised by the writ of error will be adverted to.

The demandant, on the trial, produced and deraigned title under a quitclaim deed from James Willey, land commissioner of the State of New Hampshire, to Alpheus Bean and others, dated Nov. 26, 1831, made by authority of a resolve of the legislature, which included the lands claimed in the writ.

The demandant also produeed a prior deed, under which the defendant claimed the land described in his plea, being a deed from Abner R. Kelly, treasurer of the State of New Hampshire, to Jasper Elkins and others, dated Aug. 31, 1830, and made by authority of a resolve of the legislature, which deed purported to convey the following-described tract in the county of Grafton, New Hampshire, to wit:——

'Beginning at the northeast corner of the town of Lincoln, and running east seven miles and one hundred and seventeen rods to Hart's Location; thence southerly by the westerly boundary of said location to a point so far south that a line drawn thence due south shall strike the northwest corner of the town of Burton; thence south to said northwest corner of Burton; thence westerly along the northern line of Waterville to the eastern boundary of Hatch and Cheever's grant; thence northerly and westerly by said grant to the east line of Thornton; thence by said line of Thornton northerly to the line of Lincoln, and along this line to the point first mentioned.'

The principal question in the cause was whether the premises thus granted to Elkins and others by the last-named deed embraced the land described in the defendant's plea; if they did, as was held by the judge at the trial, the defendant's was the elder title to the land in dispute, and the title of the demandant failed, and there is no error in the instructions as to the documentary title.

The beginning corner of the premises granted to Elkins and others was conceded to be a well-known point, and the general position of the first line of survey, which is described as 'running east 7 miles and 117 rods to Hart's Location,' was not disputed nor was the position of the northwest corner of the town of Burton (now Albany) disputed, it being a common point to which both parties referred; nor were the lines of the Elkins survey from the northwest corner of Burton, 'westerly along the northerly line of Waterville, &c., to the point first mentioned,' brought in question. The only point in dispute was the eastern boundary of the Elkins tract; the defendant contending that, by virtue of the deed of 1830, it extended eastwardly to Hart's Location, covering the disputed territory; and the demandant contending that it did not extend further to the eastward than the northwest corner of Burton (or Albany), and a line drawn north from that point.

The language of the grant is, 'east 7 miles and 117 rods to Hart's Location; then southerly by the westerly boundary of said location to a point so far south that a line drawn thence due south shall strike the northwest corner of the town of Burton; thence,' &c. Now, if, when the grant was made, there was a track known as Hart's Location lying easterly and in the vicinity of the land granted, and if it had a westerly boundary to which the granted tract could by any reasonable possibility bility extend, no more apt language for this purpose could have been adopted. It would be a monument which would control courses and distances. If more or less distant from the point of beginning than seven miles and one hundred and seventeen rods, still it would control the survey. If a line drawn due south from any point of its western boundary would not strike the northwest corner of Burton, then they must be connected by a line not running due south. The line of shortest distance between said boundary and said northwest corner would be the proper one, and this is the one that was adopted. Hart's Location is called for, and to that location we are bound to go.

The evidence was overwhelming and uncontradicted to show the existence and notoriety of Hart's Location. It is a large tract of land lying on both sides of the Saco River, directly to the eastward of the Elkins tract. On the 27th of April, 1772, this tract was granted by Governor Wentworth, in the name of the king, to one Thomas Chadbourne. The plaintiff produced in evidence a copy of that grant, having a plat or survey of the tract annexed to it. The premises granted are described as follows:—— 'Beginning at a birch tree being the southwesterly corner bounds of a tract of land granted to Mr. Vere Royse; from thence running north fonr hundred and seventy rods, from thence extending westerly the same breadth of four hundred and seventy rods, the distance of two hundred and eighty-five rods, from thence running northwesterly six hundred rods, from thence running nearly a north course thirteen hundred rods until it meets the notch or narrowest passage leading through the White Mountains lying upon Saco River.'

The plat, or survey, annexed to the grant shows the Saco River running through it. It follows the river on both sides from the beginning of the survey up to the mountains. It is conceded that the beginning corner is well known; and the general location of the tract is undisputed. By the name of Hart's Location it has been well known for nearly a century past. Its census has been published in the laws like that of a regular township, and it seems to have been treated in some sort as a quasi township. In the State census published with the laws of 1815, and again in 1820, the population of Hart's Location is put down as thirty-five for the year 1810, and at sixty-five for 1820. In the acts for the apportionment of the State tax among the several townships of the State, the pro rata share of Hart's Location was fixed at eight cents on a thousand dollars in 1816; at twelve cents in 1820; at ten cents in 1824; and at eight cents in 1829. By an act approved Dec. 24, 1828, it was resolved, 'That Hart's Location, in the county of Coos, be annexed and classed with the towns of Bartlett and Adams, in said county, for the purpose of electing a representative to the general court, until the legislature shall otherwise order.' The demandant's principal witness...