Newmarket Manufacturing Co. v. Pendergast
Superior Court of New Hampshire
Trespass, for breaking and entering the plaintiffs’ close in Durham; described particularly in the declaration, bounded north by the centre of Lamprey river, extending back from the river about two hundred and six feet, and containing about one acre, lying southerly of Packer’s Falls, on said river, and bounded on the west by the highway called Packer’s Falls road. Plea — 'the general issue.
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Trespass, for breaking and entering the plaintiffs’ close in Durham; described particularly in the declaration, bounded north by the centre of Lamprey river, extending back from the river about two hundred and six feet, and containing about one acre, lying southerly of Packer’s Falls, on said river, and bounded on the west by the highway called Packer’s Falls road. Plea — 'the general issue. To show their title in the premises, the plaintiffs introduced the following deeds: 1. Deed with warranty, Roger Durgin to John Sullivan, dated April 30,1771, acknowledged March 15,1794, recorded March…
1Opinion of the CourtPerley, J.
Did the deed of Durgin to Sullivan give color of title to the land in question ? That deed, in the plainest terms, conveyed the land; the description bounding the premises on the north by the river. Durgin had fenced in the land with the rest of his field, and had all of it under cultivation that was capable of it. He was then in possession, and conveyed the land by a clear and unequivocal description, with covenants of warranty. The deed was operative between the parties without registration or acknowledgement. Sullivan’s right to enter and occupy did not at all depend on the registration of…
2Cases cited2 opinions
- Johnson v. GivensCourt of Appeals of Kentucky · 1860
- Bailey v. CarletonSuperior Court of New Hampshire · 1841
3Cited by2 opinions
- Riverwood Commercial Properties, Inc. v. ColeSupreme Court of New Hampshire · 1994
- Mastroianni v. WercinskiSupreme Court of New Hampshire · 2009