Legal Opinion

Keyser v. District Number 8

Supreme Court of New Hampshire

Decided July 15, 1857PublishedCited by 3 opinions

Assumpsit, in two counts ; the first, for a balance on an account annexed, consisting of several items, for work done and materials found “ in erecting the new school-housethe second, for work and labor, materials found, money had, money paid, and for goods, wares and merchandise sold and delivered. Plea, the general issue.

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Assumpsit, in two counts ; the first, for a balance on an account annexed, consisting of several items, for work done and materials found “ in erecting the new school-housethe second, for work and labor, materials found, money had, money paid, and for goods, wares and merchandise sold and delivered. Plea, the general issue. It appeared on trial that School District No. 8, in Sunapee, was established August 30,1851, and at a regular meeting, held on the 10th of December, 1851, voted “ to purchase the school-house now in the district of its present owners.” At the same meeting the district…

1Opinion of the CourtPeeley, C. J.

It would seem from the ease that certain individuals united to erect a building for a school-house on land belonging to another. This being done by license of the landowner, the building would be personal property, and would belong to those who erected it. The proprietors of the building would have no interest in the lands. The building would be mere personal property, and each proprietor might sell his share without deed or other writing, as in case of any other personal property owned in common with other’s.

The district voted to purchase this building for a school-house, raised money for…

2Cases cited3 opinions

  1. The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
  2. People ex rel. Case v. CollinsNew York Supreme Court · 1837
  3. Williams v. ShermanNew York Supreme Court · 1831

3Cited by3 opinions

  1. Pittsburgh-Des Moines Steel Co., Plaintiff-Counter-Defendant-Appellant v. Brookhaven Manor Water Co., Defendant-Counter-Plaintiff-AppelleeCourt of Appeals for the Seventh Circuit · 1976
  2. Mt. Washington Hotel Co. v. RedingtonSupreme Court of New Hampshire · 1875
  3. Pittsburgh-Des Moines Steel Co., Plaintiff-Counter-Defendant-Appellant v. Brookhaven Manor Water Co., Defendant-Counter-Plaintiff-AppelleeCourt of Appeals for the Seventh Circuit · 1976

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