Hunter v. Carroll
Supreme Court of New Hampshire
Bill in Equity, praying that the line between land of tbe plaintiff and defendant be established, and that the defendant be ordered to remove two bouses wbicb are situated partly upon the. plaintiff’s land. Facts found by a referee. Tbe defendant bas two bouses which extend over tbe line, — tbe northerly one at its north-west corner seven and forty-five hundredths feet; tbe southerly one at its south-west corner four and ninety-five hundredths feet.
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Bill in Equity, praying that the line between land of tbe plaintiff and defendant be established, and that the defendant be ordered to remove two bouses wbicb are situated partly upon the. plaintiff’s land. Facts found by a referee. Tbe defendant bas two bouses which extend over tbe line, — tbe northerly one at its north-west corner seven and forty-five hundredths feet; tbe southerly one at its south-west corner four and ninety-five hundredths feet. Tbe defendant purchased tbe land for tbe purpose of putting tbe south building upon it, and acted innocently and with no intent to trespass upon…
1Opinion of the CourtBlodgett, J.
The plaintiff can take nothing by her exception. The inconsequential injury reported by the referee may apparently be fully compensated, and the land itself recovered in proceedings at law; but if not, the manifest object of this proceeding being to compel the defendant to pay an exorbitant price for tbe narrow strip of land upon which, through mutual mistake, her two houses are partly situate, and which is comparatively valueless except for purposes of litigation, or subject her to great inconvenience and expense in removing the buildings, equity will not aid in this attempted act of…
2Cited by11 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Richard Paul, Inc. v. Union Improvement Co.Supreme Court of Delaware · 1952
- Bauby v. KrasowSupreme Court of Connecticut · 1927
- Pugliese v. Town of Northwood Planning BoardSupreme Court of New Hampshire · 1979
- Tyree v. GosaWashington Supreme Court · 1941
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