Aldrich v. Jessiman
Superior Court of New Hampshire
This was a plea of land. The defendant plead nul dis-seizin as to a portion of the tract described in the plaintiff ⅛ writ, being that portion of land included in the boundaries named in the second award, which is made a part of this case, and disclaimed as to the remainder.
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This was a plea of land. The defendant plead nul dis-seizin as to a portion of the tract described in the plaintiff ⅛ writ, being that portion of land included in the boundaries named in the second award, which is made a part of this case, and disclaimed as to the remainder. On trial the defendant offered in evidence an award in reference to the land, made in pursuance of mutual bonds between the parties, copies of which award, and of the conditions of the bonds, are as follows, viz. “ The condition of the aboye obligation is such, that if I submit to ‘ the following agreement, this bond is…
1Opinion of the CourtUpham, J.
It is an established rule, that awards should *519be construed liberally, and that every reasonable iritendment should be made in their support. 1 Com. Dig,, Arbitrament, E, 1; 2 Ld. Ray. 965. An award, however, is in the nature of a judgment, and must be eertaifi and intelligible. It should be in pursuance of the submission, and ought to be wholly decisive; for if it doth not determine the matter, it becomes the cause of a new controversy. 1 Bac. Ab. 142, Arbitrament and Award, E, 2.
This certainty, when it relates to controversies as to land, should be sufficient to enable an officer to give…
2Cases cited1 opinion
- Ilwaco Railway & Navigation Co. v. HedrickWashington Supreme Court · 1890
3Cited by1 opinion
- Pike v. GageSuperior Court of New Hampshire · 1854