Smith v. Dodge
Superior Court of New Hampshire
In a conveyance of land, when the deed refers to monuments actually erected by the parties as the boundaries thereof, the land will pass according to the monuments, however the distance between, them may be mistaken in the deed. This was an actiou_of covenant broken.
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In a conveyance of land, when the deed refers to monuments actually erected by the parties as the boundaries thereof, the land will pass according to the monuments, however the distance between, them may be mistaken in the deed. This was an actiou_of covenant broken. The plaintiff alleged in his declaration, that the defendant by deed, dated November 1, 1817, conveyed to him a tract of land in Concord, in this county, bounded as follows — “ Beginning at a “ dry white pine tree, the northwest corner of the lot, thence “ south 26 degrees west 133 rods to a stake and stones, “ thence south 64…
1Opinion of the Court
By the court.\
Whenever in a conveyance of land the deed refers to monuments actually erected as the boundaries of the land, it is well settled that those monuments must prevail, whatever mistakes the deed may contain as to the distances between the monuments. In this case we entertain no doubt that the direction to the jury was correct, and that there must be
Judgment on the verdict.
2Cited by3 opinions
- Chao v. the Richey Co., Inc.Supreme Court of New Hampshire · 1982
- Judge v. FieldSupreme Court of New Hampshire · 1972
- Cunningham v. CurtisSupreme Court of New Hampshire · 1876