Jones v. Reed
Superior Court of New Hampshire
Writ oe Entry, to recover possession of a tract of land situated in Lempster, being a part of lot number 61, drawn to tho right of the Society for the Propagation of the Gospel in Foreign Parts. The case was submitted to the decision of the court upon the following facts, agreed to by the parties.
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Writ oe Entry, to recover possession of a tract of land situated in Lempster, being a part of lot number 61, drawn to tho right of the Society for the Propagation of the Gospel in Foreign Parts. The case was submitted to the decision of the court upon the following facts, agreed to by the parties. On the 20th day of February, 1829, Isaac Hubbard, as Agent for the Trustees of donations to the Protestant Episcopal Church, leased a tract of land, including the demanded premises, to Isaac Dodge, to hold for the term of nine hundred and ninety-nine years, to him and his assigns. The lessee…
1Opinion of the CourtGilchrist, J.
By the terms of the lease to Bodge, the rent is to be demanded upon the demised premises; and the question raised upon the facts stated is, whether a demand was made at a proper time to cause a forfeiture of the lease.
In the case of Cranley vs. Kingswell, Hobart 207, it is said, “ but where a penalty or reentry is joined to the thing, there you cannot take advantage of the pain or forfeiture without a demand at the very time prefixed.” Grobham vs. Thornborough, Hob. 82. The demand ought to be made precisely at *73the day, a convenient time before sunset. Maund’s Case, 7 Co. 28. This rule of the…
2Cases cited1 opinion
- M'Murphy v. MinotSuperior Court of New Hampshire · 1827
3Cited by1 opinion
- Boston, Concord & Montreal Railroad v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1888