Trustees of Phillips Exeter Academy v. New Parish
Supreme Court of New Hampshire
Bill in Equity, to determine the rights of the parties in a meeting-house. Facts agreed. The plaintiffs were incorporated April 3, 1781, for the purpose of educating youth and promoting their piety and virtue. The defendants were incorporated September 18, 1755, for “the maintenance of the minister of the gospel and support of the public worship amongst themselves”; and were authorized to raise money by taxation for the purpose.
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Bill in Equity, to determine the rights of the parties in a meeting-house. Facts agreed. The plaintiffs were incorporated April 3, 1781, for the purpose of educating youth and promoting their piety and virtue. The defendants were incorporated September 18, 1755, for “the maintenance of the minister of the gospel and support of the public worship amongst themselves”; and were authorized to raise money by taxation for the purpose. The plaintiffs, in consideration of one dollar and “ other considerations expressed in the condition ” of the deed, conveyed to-the defendants, August 20, 1823, a lot…
1Opinion of the CourtChase, J.
The objection that the question raised is not properly before the court (Greeley v. Nashua, 62 N. H. 166) is not taken. Both parties desire an early determination of the nature and extent of the plaintiffs’ rights under the condition of the deed. The question is upon the meaning of the words, “ other purposes.” Although a question of law, it is to be determined like one of fact, by the weight of the evidence. The terms of the deed, the situation of the parties, and the subject matter of the contract are competent evidence. Crocker v. Hill, 61 N. H. 345, 346; Hurd v. Dunsmore, 63 N. H. 171,…
2Cases cited6 opinions
- Bills v. PutnamSupreme Court of New Hampshire · 1888
- Hurd v. DunsmoreSupreme Court of New Hampshire · 1884
- Greeley v. NashuaSupreme Court of New Hampshire · 1882
- Narramore v. ClarkSupreme Court of New Hampshire · 1884
- Benton v. BentonSupreme Court of New Hampshire · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ocean Beach Realty Co. v. City of Miami BeachSupreme Court of Florida · 1932
- State v. New Hampshire Gas Electric Co.Supreme Court of New Hampshire · 1932
- State v. NadeauSupreme Court of New Hampshire · 1923
- State Ex Rel. Crabbe v. Middletown Hydraulic Co.Ohio Supreme Court · 1926