Newport Hospital v. Carter
Supreme Court of Rhode Island
Trespass quare clausum. On demurrer to the plea. The freemen of the town of Middletown, in town meeting, April 16,1746, passed the following vote: — “ Town Meeting Records, Book No. 1, p. 20. April 16,1746. “Voted, that Sechewest Beach be sold to Jonathan Easton, for two hundred pounds, in case he will allow all such privileges as shall be thought necessary for the service of the town by a committee hereafter chosen, and likewise pay all the rents now behind since the…
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Trespass quare clausum. On demurrer to the plea. The freemen of the town of Middletown, in town meeting, April 16,1746, passed the following vote: — “ Town Meeting Records, Book No. 1, p. 20. April 16,1746. “Voted, that Sechewest Beach be sold to Jonathan Easton, for two hundred pounds, in case he will allow all such privileges as shall be thought necessary for the service of the town by a committee hereafter chosen, and likewise pay all the rents now behind since the devision of the town, and pay all the charge created aboute said beach, since the devision. And that John Allen, John Clarke,…
1Opinion of the CourtDueeee, C. J.
The defendant contends that the bond amounts to a perpetual license to the inhabitants of the town of Middletown to do the acts complained of in the declaration. Pie contends that it is in effect a covenant for such license, and that as such it is specifically enforcibl'e- in equity against the plaintiff as owner, under the covenantor, of the estate to which it relates. Admitting, without deciding, that the bond is such a covenant, does it follow that the defendant can plead it in bar of the action ? The general rule is, that only parties to a contract or their successors in law or fact, or…
2Cases cited3 opinions
- Beardsley Scythe Co. v. . FosterNew York Court of Appeals · 1867
- Parsons v. MillerNew York Supreme Court · 1836
- Denbo v. TiptonIndiana Supreme Court · 1850