Moynihan v. Brennan
Supreme Court of New Hampshire
Bill in Equity, to remove a cloud from the plaintiffs’ title. The bill alleged that on November 11, 1909, the defendant conveyed to the plaintiffs a tract of land in Walpole, measuring seventy-six and a half feet on Vine street and extending easterly 125 feet from said street; that he has caused to be recorded two deeds to him, dated in March, 1910, which include a strip twenty-nine feet wide on the easterly end of the tract conveyed to the plaintiffs by the deed of November…
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Bill in Equity, to remove a cloud from the plaintiffs’ title. The bill alleged that on November 11, 1909, the defendant conveyed to the plaintiffs a tract of land in Walpole, measuring seventy-six and a half feet on Vine street and extending easterly 125 feet from said street; that he has caused to be recorded two deeds to him, dated in March, 1910, which include a strip twenty-nine feet wide on the easterly end of the tract conveyed to the plaintiffs by the deed of November 11, 1909; and that the later deeds constitute a cloud upon the plaintiffs’ title. The prayer of the bill was for the…
1Opinion of the CourtParsons, C. J.
The failure of the plaintiffs to object to the sufficiency of the evidence to authorize the reformation aslced for by the defendant before the case was submitted for decision was a waiver of such objection. Head & Dowst Co. v. Breeders’ Club, 75 N. H. 449, 450; Coles v. Railroad, 74 N. H. 425, 426; Farnham v. Anderson, 74 N. H. 405. The refusal of the court to report the evidence, upon the motion made long after the decision was filed, did no harm to the plaintiffs, for it was then too late to raise the question of the sufficiency of the evidence to sustain the findings.
“Any party aggrieved…
2Cases cited5 opinions
- Minot v. TiltonSupreme Court of New Hampshire · 1887
- Farnham v. AndersonSupreme Court of New Hampshire · 1907
- Coles v. Boston & Maine RailroadSupreme Court of New Hampshire · 1908
- Head & Dowst Co. v. New England Breeders' ClubSupreme Court of New Hampshire · 1910
- Searles v. ChurchillSupreme Court of New Hampshire · 1898
3Cited by8 opinions
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Tilton v. SharpeSupreme Court of New Hampshire · 1930
- State v. KetchenSupreme Court of New Hampshire · 1921
- Belletete's, Inc. v. AldrichSupreme Court of New Hampshire · 1977
- Freeman v. Pacific MillsSupreme Court of New Hampshire · 1930
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