Legal Opinion

Gage v. School-District No. 7

Supreme Court of New Hampshire

Decided December 5, 1886PublishedCited by 6 opinions

Writ oe Entry, for one undivided half of two acres of land. Pacts found by the court. February 14, 1866, William H. Gage convoyed the land in question to Penacook Academy, as a gift, upon conditions as follows: “ Provided said,corporation and its assigns shall erect and forever maintain a good and sufficient fence between said land and other land now owned by said grantor; and provided further, that said corporation shall within two years build a school-house on said land,…

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Writ oe Entry, for one undivided half of two acres of land. Pacts found by the court. February 14, 1866, William H. Gage convoyed the land in question to Penacook Academy, as a gift, upon conditions as follows: “ Provided said,corporation and its assigns shall erect and forever maintain a good and sufficient fence between said land and other land now owned by said grantor; and provided further, that said corporation shall within two years build a school-house on said land, and said land, nor any part of the same, shall ever be devoted to any other use than a location for a school-house,…

1Opinion of the CourtDoe, C. J.

The deed by'which William H. Gage conveyed the land to Penacook Academy contained a proviso that “ said corporation and its assigns shall erect and forever maintain ” a fence. By another proviso, the corporation was to build a school-house on the land within two years, and the land and buildings were never to “ be devoted to any other use than a location for a school-house, teachers’ house, and the necessary buildings and other purposes of an academy or public school.” The words “ assigns ” and “ academy or public school,” and the general educational purpose of the grant are sufficient to…

2Cited by6 opinions

  1. Red Hill Outing Club v. HammondSupreme Court of New Hampshire · 1998
  2. Priddy v. School Dist. No. 78, Cotton CountySupreme Court of Oklahoma · 1923
  3. Board of Supervisors v. NewellMississippi Supreme Court · 1952
  4. Clark v. JonesOregon Supreme Court · 1943
  5. Shuster v. BD. OF EDUCATION OF TP. OF HARDWICKNew Jersey Superior Court Appellate Division · 1952

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