Batchelder v. State Capital Bank
Supreme Court of New Hampshire
Case, for obstructing the plaintiff’s way. Trial by the court. The defendants’ land, upon which stands their bank block, lies upon the westerly side of Main street in Concord, and extends westerly on Warren street to the plaintiff’s land, upon which is a block containing two stores fronting on Warremstreet.
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Case, for obstructing the plaintiff’s way. Trial by the court. The defendants’ land, upon which stands their bank block, lies upon the westerly side of Main street in Concord, and extends westerly on Warren street to the plaintiff’s land, upon which is a block containing two stores fronting on Warremstreet. West of the defendants’ building is a strip of land eleven feet in width, bounded on its westerly line by the plaintiff’s block, and closed by a fastened gate between the buildings of the parties on Warren street. The plaintiff; has access to his stores from the front on Warren street, and…
1Opinion of the CourtClark, J.
The plaintiff’s'right to the use of a passway was the right conveyed by the deed of April 27, 1874, from the bank to L. D. Brown, “ to use in common with others as a passway the land lying between said City Bank [the defendants’ bank building] and the land conveyed by this deed so long as the same shall be used by the said bank as a passage-way and said City Block [bank building] shall remain where it is now situated.” The parties having defined the extent of the right, it cannot be enlarged by implication. Warden v. Balch, 59 N. H. 468. The right to use the land as a passway so long as the…
2Cases cited4 opinions
- Wentworth v. PhilpotSupreme Court of New Hampshire · 1880
- Smith v. BlanpiedSupreme Court of New Hampshire · 1883
- Smith v. SmithSupreme Court of New Hampshire · 1882
- Warden v. BalchSupreme Court of New Hampshire · 1879
3Cited by7 opinions
- Burdine v. SewellSupreme Court of Florida · 1926
- Reese Howell Co. v. BrownUtah Supreme Court · 1916
- MacLeod v. HamiltonMichigan Supreme Court · 1931
- Sandford v. BossSupreme Court of New Hampshire · 1912
- Farmington Library Association v. TraftonSupreme Court of New Hampshire · 1929
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