Legal Opinion

Foster v. Foster

Supreme Court of New Hampshire

Decided June 5, 1882PublishedCited by 2 opinions

Covenant, to recover damages for the breach of the covenants contained in the defendant’s deed to the plaintiff, dated January-17, 1878, conveying lot 1889 on the Amoskeag Company’s plan of lands on Park street in Manchester. The deed contained covenants of title, of seizen in fee simple, of authority to convey, and against incumbrances.

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Covenant, to recover damages for the breach of the covenants contained in the defendant’s deed to the plaintiff, dated January-17, 1878, conveying lot 1889 on the Amoskeag Company’s plan of lands on Park street in Manchester. The deed contained covenants of title, of seizen in fee simple, of authority to convey, and against incumbrances. The plaintiff proved the deed, and introduced evidence tending to show that the premises were conveyed by one Bartlett to the defendant, and by the Amoskeag Manufacturing Company to Bartlett; that the deed to Bartlett, dated May 24, 1873, contained the…

1Opinion of the CourtClark, J.

Restrictions and limitations upon the use of real

property, in the form of covenants, restrictions, and conditions, inserted in a deed for the advantage of the grantor or the benefit of the adjacent lands, when reasonable and for a lawful purpose, are upheld and enforced at law and in equity. Reed v. Hatch, 55 N. H. 327; Coburn v. Coxeter, 51 N. H. 158; Hoyt v. Kimball, 49 N. H. 322; Burbank v. Pillsbury, 48 N. H. 475; Hunt v. Wright, 47 N. H. 396; Gillis v. Bailey, 21 N. H. 149; Herrick v. Marshall, 66 Me. 485; Gray v. Blanchard, 8 Pick. 284; Parker v. Nightingale, 6 Allen 841; Sanborn v.…

2Cases cited4 opinions

  1. Cowell v. Springs Co.Supreme Court of the United States · 1879
  2. Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
  3. Sanborn v. RiceMassachusetts Supreme Judicial Court · 1880
  4. City of Portland v. Atlantic & St. Lawrence RailroadSupreme Judicial Court of Maine · 1877

3Cited by2 opinions

  1. Traficante v. PopeSupreme Court of New Hampshire · 1975
  2. Fowler v. KentSupreme Court of New Hampshire · 1902

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