Low v. Streeter
Supreme Court of New Hampshire
Cask, for obstructing a way, with a count in trespass and a count in equity for removing and restraining the obstruction. Trial by the court. In 1835, Joseph Low owned a lot of land upon the easterly side of Main street, in Concord, upon which he and Edward Brackett had built a brick building since known as Low’s block, the southerly wall of which was eight feet northerly of the southerly line of Low’s lot.
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Cask, for obstructing a way, with a count in trespass and a count in equity for removing and restraining the obstruction. Trial by the court. In 1835, Joseph Low owned a lot of land upon the easterly side of Main street, in Concord, upon which he and Edward Brackett had built a brick building since known as Low’s block, the southerly wall of which was eight feet northerly of the southerly line of Low’s lot. Southerly of Low’s lot, and adjoining it, Isaac Hill owned a lot, upon which had been erected a building known as the Athenian Hall, the northerly wall of which was about eight feet south…
1Opinion of the CourtBingham, J.
The plaintiff owns the rights of Joseph Low in the eight feet south of the Low block, after he conveyed to Hill. The defendant owns the land and rights conveyed by Joseph Low to Brackétt, and the south wall of the Low block is to be taken as his south line. He also has a right of way over the passway between the Low block and Athenian Hall, from the street to the rear of the Low building. Neither party owns the eight feet of land immediately south of the Low block if Joseph Low conveyed it to Hill; but if the deeds of Low and Hill only dedicated the sixteen feet of land as a common passway to…
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