# Hobbs v. Payson

> Supreme Judicial Court of Maine · June 6, 1893 · 85 Me. 498

URL: https://www.frixlaw.com/law-library/cases/4935472

## Case

- **Full name:** Mary J. Hobbs v. Caroline Payson
- **Court:** Supreme Judicial Court of Maine
- **Decided:** June 6, 1893
- **Citations:** 85 Me. 498; 27 A. 519; 1893 Me. LEXIS 57
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Haskell
- **Judges:** Foster, Haskell, Libbey, Peters, Walton, Wiswell
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4935472

## Opinion text

Haskell, J.
The words of a grant, "All my right, title and! interest in and to all real estate situated in Hope, Warren and. Union,” are sufficient to convey the grantor’s estate there; situated. Bird v. Bird, 40 Maine, 398.
An explanatory clause in such grant, " meaning to convey all! my right, title and interest in the real estate formerly occupied by me,” does not limit the grant to such estate only. It rather makes sure that such lands were to be included with those of which the grantor had the visible occupation. They are words of inclusion and not of exclusion.
Words of reference or of explanation never destroy a specific grant. Maker v. Lazell, 83 Maine, 562. They are useful where the description is imperfect and where it is aided rather than controlled by them. Hathorn v. Hinds, 69 Maine, 326 ; Brunswick Savings Institution v. Crossman, 76 Maine, 577; Brown v. Heard, ante, 294.
*500 The court is of opinion that the quitclaim deed, upon which the plaintiff relies, conveys the land demanded.
Exceptions overruled.
Peters, C. J., Walton, Libbey, Foster and Wiswell, JJ., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4935472. Public record. Not legal advice.