Noah Haynes Swayne

“ A large lot delineated on the plat bounding upon the river is marked 'reserved for hydraulic purposes.' An island opposite to it is laid down upon the plat. Fractional lot 2, which is twice referred to in the boundaries as given in the deed, bounds upon the river. Parol evidence, not inconsistent with a written instrument, is admissible to apply such instrument to its subject. The designation of the 'southeast quarter' in the certificate of acknowledgment was a clerical mistake. The maxim falso demonstratio non nocet applies. ”

“ No lots are mentioned. The plat is referred to only for the purpose of boundary. The land with the boundaries is conveyed without reference to any subdivision. The fact that it had been illegally laid out and platted into lots and streets does not in any wise affect the deed.
III. It is objected that the deed from Prentiss to Church and Clark of August 4, 1847, in Lee's chain of title, and the deed from Church and Clark to Lee of July 7, 1848, were void, because they were made by grantors out of possession, when the premises were held adversely by other parties, under deeds apparently valid. ”

“ Wheeler vs. Russell, (17 Mass., 258) ; Strong vs. Darling et al., (9 O. Rep., 201) .
We have not found it necessary to decide that question, and we express no opinion upon the subject.
As the facts are disclosed in the record, we find no defect in the title of Lee. We find that Noonan's title has not 'failed,' and no encumbrance upon the property is shown. There has been, therefore, no breach of the agreement endorsed upon the bond; nor has there been any breach of the covenant of general warranty in Lee's deed to Noonan. The deed contains no other covenant. ”

“ That if there is no fraud and no covenants to secure the title, he is without remedy, as the vendor selling in good faith is not responsible for the goodness of his title beyond the extent of his covenants in the deed. And that further relief will not be afforded upon the ground of fraud, unless it be made a distinct allegation in the bill, so that it may be put in issue by the pleadings.'
This doctrine is fully sustained by the best considered authorities. Corning vs. Smith, (2 Seld., 84) ; Plat vs. ”

“ Upon the same day Noonan executed to Lee a mortgage upon the same premises, conditioned to secure the payment of $4,000, in four equal annual instalments, with interest at the rate of 7 per cent. per annum, payable annually, according to the condition of a bond of the same date executed by Noonan to Lee; and also to secure the payment, by Noonan, of all taxes upon the mortgaged premises. ”