Tewksbury

By the Court,

On the 11th day of October, 1849, Laffan made his bond to Tewksbury conditioned to exe- *130 cate and deliver a quit-claim deed of a lot of land, upon the latter paying certain notes, the last of which will not become due until the 1st day of November nest. On the 2d day of January, 1850, Laffan gave to Tewksbury a certificate in writing, which, after particularly defining the boundaries of the lot, which were left uncertain in the bond, contained the following clause: “ And I did at the time of the said agreement “ consent and agree that the said Tewksbury should have the “ possession of said lot forthwith.” This certificate was objected to, at the trial, as irrelevant and inadmissible evidence. It appeared, on the trial, that a third person, not connected with or acting under Laffan, had encroached upon a small portion of the premises, so that Tewksbury could not erect thereon a house of particular dimensions, which he had bought for that purpose, without alteration. The cause was heard before referees, who reported in favor of the plaintiff for $1,500 damages, for which sum, and costs, the judgment was rendered from which this appeal was taken.

There is no…