Busby v. Littlefield
Superior Court of New Hampshire
In Equity. The bill alleges that the complainant purchased of John Trickey, on the 29th of August, 1844, certain premises in Dover, being a lot of land one hundred feet square, situated on the west side of Chestnut street, with the buildings thereon standing.
Read the full summary
In Equity. The bill alleges that the complainant purchased of John Trickey, on the 29th of August, 1844, certain premises in Dover, being a lot of land one hundred feet square, situated on the west side of Chestnut street, with the buildings thereon standing. That he afterwards put up another set of buildings, on the northerly part of the lot, at an expense of about $1000, and appropriated thirty feet front and rear and one hundred deep, of the whole lot, to these buildings ; and that he has always occupied the remaining seventy feet of the lot, with the buildings, until the filing of this…
1Opinion of the CourtEastman, J.
With regard to the general position taken by the defendant, of want of equity in the bill, we think it quite clear that it is untenable. Taking the allegations of the bill to be true, which the demurrer admits, it appears manifest that an error was committed in drawing the deed from Busby to Jordan, and that the subsequent deeds, referring to the Jordan one for a description of the premises, are alike incorrect. The deed, instead of beginning seventy feet from the corner of the lot, and then running thirty feet to the meeting-house, as it should have done, begun at the corner of the lot…
2Cases cited6 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- De Riemer v. CantillonNew York Court of Chancery · 1819
- Wiser v. BlachlyNew York Court of Chancery · 1815
- Keisselbrack v. LivingstonNew York Court of Chancery · 1819
- Prescott v. HawkinsSuperior Court of New Hampshire · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Christopher St. R. Co. v. . 23d St. R. Co.New York Court of Appeals · 1896