People ex rel. Myers v. Storms (97 N.Y. 364, 1884)

Danforth, J.

The question argued on this appeal is whether a certain mortgage dated August 4, 1859, made by one Andrew Myers to Abel Storms, was incapable of taking effect and void by reason of vagueness and uncertainty in the description of the mortgaged premises. In answering it, we are to regard the rule that a deed should never be held void when the words may be applied to any intent to make it good, and to that end they are to be taken most strongly against the grantor, for he should not be allowed to say a description framed by himself was so indefinite that, upon an enforcement of the mortgage, no title to the property could be acquired. (4 Com. Dig. tit. Fait; 4 Cruise, 203, § 13; Jackson v. Gardner, 8 Johns. 394.) It is enough, therefore, if, by any particulars in the description, the thing granted can be sufficiently ascertained, to enable the court to say that the words chosen by the parties were intended to relate to it; and for that purpose we may go beyond the face of the deed if it refers to some subject-matter in respect to which we can locate and apply the description. (Coleman v. Manhattan Beach Imp. Co., 94 N. Y. 229.)

In the case at bar the mortgage recites a consideration of $5,368, and, besides premises of no importance in this controversy, describes “a certain other piece or parcel of land lying and being situated in the county of Tompkins, being part