LAW AS TO FARM PROPERTY. 125 



and discuss a few questions only which seem to me the most 

 practical in their relations, and the most deeply to affect the 

 interests of the farmer, as regards his right to hold property 

 in this Commonwealth. 



For the purposes of this examination, I shall assume that 

 the farmer has in his possession an instrument which conveys 

 to him certain real estate therein described, and having such 

 an instrument in possession, by the description therein con- 

 tained is to be determined the extent of the o-rant. A con- 

 veyance of the land carries with it all crops and trees growing 

 and standing upon the land, and all the buildings standing 

 thereon, whether specifically defined or not, unless an ex- 

 press reservation is made in the deed of conveyance. If there 

 are crops, trees or buildings standing upon the land, the title 

 to which is in third persons, such persons will not be divested 

 of any legal title they have in them, by virtue of the convey- 

 ance from the owner of the soil ; and although no title will 

 pass to the grantee in the deed, yet the grantor will be liable 

 for damages on the covenants in his deed ; and oral evidence 

 w.ill be inadmissible to show an agreement that the trees and 

 buildings standing upon land conveyed by an absolute deed 

 were not to pass. 



BOUNDAEIES.- 



The boundaries become important in determining the amount 

 of land conveyed, or the extent of the grant. Where a deed 

 describes land by its admeasurements, and at the same time 

 by known and visible monuments, the latter will govern, un- 

 less it clearly appears that such monuments were inadvertently 

 inserted, and that a tract of land with different boundaries 

 was bargained for, and intended to be conveyed. And al- 

 though the rule that monuments control courses and distances 

 has long been regarded as one of the fundamental rules in the 

 construction of deeds, yet the reason given is that the former 

 are less liable to mistakes ; if then it appears that no mistake 

 can reasonably be supposed to have been made, no reason re- 

 mains for the application of the rule. "VYhere a conveyance 

 refers for a boundary to a monument not then actually exist- 

 ing, and the same is afterwards erected, it will govern and 

 determine the extent of the land, notwithstanding it vary 

 slightly from the line laid down in the deed. 



