Spaulding v. Abbot
Supreme Court of New Hampshire
COVENANT BROKEN, by James B. Spaulding against Ann Abbot, administratrix of James W. Abbot. The declaration alleges that the decedent, by bis deed, conveyed to the plaintiff' certain land, described as follows: “ Commencing, The declaration alleges that the deed contained full covenants of title and against incumbrances, &c.
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COVENANT BROKEN, by James B. Spaulding against Ann Abbot, administratrix of James W. Abbot. The declaration alleges that the decedent, by bis deed, conveyed to the plaintiff' certain land, described as follows: “ Commencing, The declaration alleges that the deed contained full covenants of title and against incumbrances, &c. (making proferí of the deed), and that “ on said premises, so by said deed conveyed to him, was a large and valuable dwelling-house and barn and outbuildings, and, as appurtenances to the same at the time of said conveyance, there was an aqueduct and a stream of water…
1Opinion of the Court
The question in this case is, whether James W. Abbot, by the use of the word "appurtenances" in the habendum clause of his deed, conveyed to the plaintiff the right to take water from the land of Howley by an aqueduct to the premises conveyed by said deed. In the description of the premises conveyed, no mention is made of any such easement or right. It is nowhere mentioned in the deed or in any way alluded to, unless the construction to be given to the word appurtenances in the habendum is broad enough to cover it; and if not included under that term, it is not embraced within any of the…
2Cases cited7 opinions
- White's v. Carrico's adm'rCourt of Appeals of Kentucky · 1859
- Manning v. SmithSupreme Court of Connecticut · 1826
- Coolidge v. HagerSupreme Court of Vermont · 1870
- Swazey v. BrooksSupreme Court of Vermont · 1861
- Brown v. ManterSuperior Court of New Hampshire · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Trueblood v. PierceSupreme Court of Colorado · 1947
- Burcky v. KnowlesSupreme Court of New Hampshire · 1980