French v. Hayes
Supreme Court of New Hampshire
Case fq:v, obstructing a way. June 4,”1834, a committee appointed by tbe Judge of Probate to divide the real estate of H. Garland, deceased, between her daughters Ann and Sarah, divided a tract of land by assigning to Ann the south half, and to Sarah the north half and a privilege in the cart-path over the half assigned to Ann. The defendant owns the half assigned to Ann, and the plaintiff the half assigned to Sarah with its privileges and appurtenances.
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Case fq:v, obstructing a way. June 4,”1834, a committee appointed by tbe Judge of Probate to divide the real estate of H. Garland, deceased, between her daughters Ann and Sarah, divided a tract of land by assigning to Ann the south half, and to Sarah the north half and a privilege in the cart-path over the half assigned to Ann. The defendant owns the half assigned to Ann, and the plaintiff the half assigned to Sarah with its privileges and appurtenances. The declaration alleges that the defendant plowed up the cart-path, between April 1, 1857 and Jan. 7, 1860. The path extended from a certain…
1Opinion of the Court
Bele, O. J.
"Where any doubt arises as to the meaning of any written instrument, as for example a contract, deed, or will, the court endeavors to put itself in the place of the party, by receiving evidence of the surrounding circumstances. Thus, if the language of an instrument is applicable to several persons, to several parcels of land, to several species of goods, to several monuments or boundaries, or to several writings; or if the terms are vague and general, or have several meanings; or if the description of any person, or thing, or circumstance, is true in part, but not true in every…
2Cited by2 opinions
- Onthank v. . L.S. and M.S.R.R. Co.New York Court of Appeals · 1877
- Donaghey v. CroteauSupreme Court of New Hampshire · 1979