Ewins v. Gordon
Supreme Court of New Hampshire
In Equity. The bill, by John C. Ewins and Daniel N. Russ against Earl C. Gordon, was filed June 26,1868. It alleges that on the 21st day of May 1866, the defendant executed and delivered to the plaintiff, Russ, an agreement in writing, under seal, attested by two witnesses and acknowledged, whereby he covenanted that, upon the payment by said Russ, of $600 and interest, within one year, he would convey to him the premises described in said writing, by a sufficient deed of…
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In Equity. The bill, by John C. Ewins and Daniel N. Russ against Earl C. Gordon, was filed June 26,1868. It alleges that on the 21st day of May 1866, the defendant executed and delivered to the plaintiff, Russ, an agreement in writing, under seal, attested by two witnesses and acknowledged, whereby he covenanted that, upon the payment by said Russ, of $600 and interest, within one year, he would convey to him the premises described in said writing, by a sufficient deed of warranty. That it was then agreed that from that time, Russ should have possession of the premises, paying all taxes that…
1Opinion of the CourtFoster, J.
The testimony in this case is conflicting, and the views expressed by the parties with regard io their mutual relations and understandings, quite irreconciliable. It is to be hoped that this conflict has arisen rather from an honest misunderstanding them from intentional fraud or misrepresentation ; but, however this may be, the evidence, as -we regard it, so strongly preponderates upon the side of the plaintiffs, that, in all particulars essential to a decision of the cause, we consider the allegations of the bill fully sustained by the proof. It remains to be seen, then, whether upon the…
2Cases cited16 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Brashier v. GratzSupreme Court of the United States · 1821
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
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3Cited by4 opinions
- Guy v. HanleySupreme Court of New Hampshire · 1971
- La Prelle v. BrownCourt of Appeals of Texas · 1920
- Manchester Dairy System, Inc. v. HaywardSupreme Court of New Hampshire · 1926
- Greene v. MarshallCourt of Appeals for the First Circuit · 1940