
    Benjamin Hapgood and Others versus Charles Whitman.
    A deed from a father to his son conveyed two parcels of land thus described, “ One half of the land hereafter described, both in quantity and quality, one half of all the land contained within the bounds hereafter mentioned, namely, beginning, &c., the one half of the whole of said land, and one half of the buildings on the same, except the dwellinghouse, — and also one other piece of land, being meadow and upland, containing, &c., and bounded, &c.” The grantee took but a moiety of the last-described parcel.
    The said Hapgood and others demanded a moiety of a certain parcel of land in Stow. The action was submitted to the decision of the Court on a case agreed by the parties, in which the whole question was, whether by a certain deed, a copy of which was in the case, the tenant took the whole, or a moiety only, of the land in question. By that deed, the tenant’s father, in consideration of the love and affection he bore to his said son, and his desire to see him comfortably settled in the world, granted to him in fee “ the one half of the land hereafter described, both in quantity and quality, one half of all the land contained within the bounds hereafter mentioned, namely, beginning,” &c. [particularly reciting the boundary lines], “ the *one half of the whole of said land, and one half of the buildings on the same, except the dwellinghouse ; and also one other piece of land, being meadow and upland, containing seven acres, more or less, and bounded as follows, namely, beginning,” &c. ; the last-described piece being the land in question. And it was agreed, that, if, in the opinion of the Court, the whole of the said last-described piece passed by the said deed to the tenant, the demandants should become nonsuit; if one moiety only passed to him, he was to be defaulted, and the demandants have judgment for possession of the other moiety.
    Bigelow, for the demandants,
    cited 2 Co. Rep. 33, a.
    
    
      Hosmer, for the tenant,
    cited 3 Mass. Rep. 361.
   By the Court.

The words, one half of the land hereafter described, and one half of all the land contained icithin the bounds hereafter mentioned, necessarily apply to the land which is the subject of this suit; although these words are not repeated in that part of the deed which conveyed this particular' lot. The terms and also, which introduce the description of the land in question, show that the same portion of the land was intended to be granted as of that described in the preceding part.

Defendant defaulted.  