Davison v. Davison
Supreme Court of New Hampshire
Bill in Equity, alleging in substance that in 1896 the plaintiff conveyed to tbe defendant, her son, certain land in Holderness, by a deed in which she covenanted to stand seized of the land to her own use during her life and after her decease to the use-of the defendant and his heirs and assigns forever, upon the condition that if the defendant should refuse at her request to live with her on the premises conveyed, carry on the farm in a husbandlike manner, or to suitably…
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Bill in Equity, alleging in substance that in 1896 the plaintiff conveyed to tbe defendant, her son, certain land in Holderness, by a deed in which she covenanted to stand seized of the land to her own use during her life and after her decease to the use-of the defendant and his heirs and assigns forever, upon the condition that if the defendant should refuse at her request to live with her on the premises conveyed, carry on the farm in a husbandlike manner, or to suitably support her thereon, the deed should be void, and that the defendant has refused at hex request to perform the .condition…
1Opinion of the CourtWalker, J.
As the plaintiff has an adequate remedy at law ( Walker v. Walker, 63 N. H. 321; Bassett v. Brown, 61 N. H. 602; Rollins v. Riley, 44 N. H. 9), equity will not afford relief. But by a motion addressed to the superior court she may obviate this defect by filing an appropriate count at law as an amendment of the bill. Walker v. Walker, supra, 326; Until that is done the order must be
Exception sustained.
All concurred.
2Cases cited2 opinions
- Walker v. WalkerSupreme Court of New Hampshire · 1885
- Bassett v. BrownSupreme Court of New Hampshire · 1882
3Cited by6 opinions
- Harvey v. HarveySupreme Court of New Hampshire · 1904
- Claremont v. RandSupreme Court of New Hampshire · 1911
- Trustees of Dartmouth College v. CameronSupreme Court of New Hampshire · 1913
- Forster v. FlackWisconsin Supreme Court · 1909
- Wilson v. McCarrollSupreme Court of New Hampshire · 1923
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