Wilcoxson

The deed of Volney B. Howard and others to William S. Mesick, omitting the last clause, purports to convey, and is sufficient to convey all the right, title, estate, etc., of Howard in and to all the tracts of land therein described; but it is claimed by the plaintiff that the last clause of the deed renders the instrument inoperative as a conveyance of ■the estate or interest of Howard. The clause is as follows: “It is expressly agreed that the interest hereby conveyed by the said Howard, is that only which he acquired by conveyance from S. C. Bruce.” It is found, and the finding is not questioned, that Howard was then the owner of three undivided twentieths of the lands in controversy, but did not derive his title to the same from S. C. Bruce. A deed is to be so construed, if possible, as to give effect to it as a conveyance of some interest of the grantor in the lands therein described, and if a clause is therein found which is repugnant to the general intention of the deed, it is to be rejected as void. (Culler v. Tufts, 3 Pick. 272 ; 3 Washburne on Real Prop., 343-628; 2 Hilliard on Real Prop., 489-541.) The repugnancy here is obvious, and the clause above cited must be…