Harvey v. Harvey
Supreme Court of New Hampshire
Bill in Equity, for the construction of a deed dated December S, 1900, running from Matthew J. Harvey to the plaintiff, his. heirs and assigns, in the ordinary form of a deed of warranty, and containing after the description and before the habendum the following: “This deed "is made on the express condition that no building or other structure, for the space of twenty-five years from this date, shall be built or placed upon said lot within twenty feet of the northerly side…
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Bill in Equity, for the construction of a deed dated December S, 1900, running from Matthew J. Harvey to the plaintiff, his. heirs and assigns, in the ordinary form of a deed of warranty, and containing after the description and before the habendum the following: “This deed "is made on the express condition that no building or other structure, for the space of twenty-five years from this date, shall be built or placed upon said lot within twenty feet of the northerly side line of said Orchard street, and for the same space of time no mercantile establishment, or factory, or livery stable…
1Opinion of the CourtParsons, C. J.
The substance of the plaintiff’s bill is a request for advice as to the character and extent of his title under the deed of Matthew J. Harvey to him. The questions raised are as to the validity of a condition or restriction in the deed against any sale or conveyance of the premises by the plaintiff, and whether John M. Harvey and Matthew Harvey have any title under the deed* In short, the plaintiff desires the court to inform him whether, if he makes a mortgage of the premises, he will lose the premises; and if not, whether such mortgage will convey the whole title.
The first matter to be…
2Cases cited9 opinions
- In Re School-Law ManualSupreme Court of New Hampshire · 1885
- Gafney v. KenisonSupreme Court of New Hampshire · 1887
- Walker v. WalkerSupreme Court of New Hampshire · 1885
- Drake v. TrueSupreme Court of New Hampshire · 1903
- Ellis v. AldrichSupreme Court of New Hampshire · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bill Duncan & a. v. State of New Hampshire & a.Supreme Court of New Hampshire · 2014
- Ross v. ChurchSupreme Court of New Hampshire · 1914
- HSBC Bank USA, National Ass'n v. MacMillanSupreme Court of New Hampshire · 2010
- Salganik v. United States Fire InsuranceSupreme Court of New Hampshire · 1922
- Wallace v. BrownSupreme Court of New Hampshire · 1938