Massachusetts Supreme Judicial Court September 15, 1809 (Watson v. Boylston)

Parsons, C. J.

In the argument the defendant’s counsel have insisted that the indentures referred to in the deed are to be considered iii the construction of the deed; and if, on the consideration of the deed and indentures taken together, it should appear that the suit mentioned in the assignment of the breach was not indemnified against, then the fourth plea is good ; because it is manifest