Legal Opinion · Concurrence

Spaulding v. Abbot

Supreme Court of New Hampshire

Decided March 12, 1875Published

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…

1Concurrence

In the case of Seavey v. Jones,43 N.H. 441, the court, while holding that under the terms "privileges and appurtenances" all the rights and easements incident to the land as situated on one side of a river, and also all the rights and easements which had been acquired by prescription or grant, passed, refused to permit the plaintiff to show that the defendant at the time of the purchase was actually using the whole water of the stream, and claiming a right so to do. This seems to limit the doctrine in regard to easements existing and apparently in use at the time of the sale to such as the…

2Cases cited1 opinion

  1. Seavey v. JonesSupreme Court of New Hampshire · 1862

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