BOUNDARIES OF A FARM. 149 



HOW FAR THE FAEM EXTENDS, 



or its proper boundaries. Three circumstances have more or 

 less weight in determining this question : 1st, Tlie number of 

 acres stated in the deed; 2d, The length of tlie boundary- 

 lines running round the farm ; 3d, The area enclosed within 

 the visible monuments, such as trees, rocks, stake and stones, 

 described as corners of the farm. Of these three, the last is 

 by far the most important, and, in case of any difference be- 

 tween them, controls all the rest. If the boundarj-lines are 

 described as beginning at a certain stake and stones, thence 

 to a certain tree, thence to a particular rock or stump, and 

 so quite around the farm, the deed conveys all the land in- 

 side of those monuments, although it be many more acres 

 than the deed calls it ; and, on the other hand, it will include 

 no more, although the number of acres be much less than 

 stated in the deed. So, if the monuments named are fixed 

 and definite, they control the length of the side-lines men- 

 tioned in the deed; and if these be called a hundred feet 

 long on every side, but the trees, rocks, stake and stones 

 described as corners, are only ninety feet apart, the buyer will 

 acquire a lot only ninety feet square, and not a hundred 

 feet; and, vice versa, if the lines are described as only ninety 

 feet long, but the given corners are a hundred feet from each 

 other, the deed covers a lot a hundred feet square. 



The quantity of acres mentioned is the very weakest 

 means of knowing the real extent of the farm, even if the 

 words " more or less " be not used, as is so commonly done ; 

 and, generally speaking, a deficiency in number of acres gives 

 the buyer no remedy against the seller for any return of part 

 of the purchase-money, unless, perhaps, when it was clearly 

 bought at the rate of so much per acre (19 Pick. 387). So 

 much more important are the known monuments and boun- 

 daries than the number of acres stated, that, even if the 

 vendor fraudulently and intentionally overstates the quantity 

 in order to deceive the purchaser, the latter has no redress, 

 if so be the other truly pointed out the boundaries in making 

 the trade (102 Mass. 217) ; whereas a fraudulent statement 

 of the boundaries would release the purchaser from the sale, 

 although the farm contained as many or even more acres 

 than the parties called it in making the bargain (9 N. Y. 183). 



