Breck v. Young
Superior Court of New Hampshire
Covenant. The declaration alleged, that the defendant and one Daniel March, (since deceased), on the 27th day of January, A. D. 1837, by their deed of that date, &c., sold and conveyed to the plaintiffs a tract of land in Wendell, “ beginning at a beech stub marked, thence 'south about 61° east, about 170 rods, to Sunapee Lake, on the line of land formerly owned by Abial Cooper; thence northerly on the lake,” &c. ; and that said Young and March, in and by said deed,…
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Covenant. The declaration alleged, that the defendant and one Daniel March, (since deceased), on the 27th day of January, A. D. 1837, by their deed of that date, &c., sold and conveyed to the plaintiffs a tract of land in Wendell, “ beginning at a beech stub marked, thence 'south about 61° east, about 170 rods, to Sunapee Lake, on the line of land formerly owned by Abial Cooper; thence northerly on the lake,” &c. ; and that said Young and March, in and by said deed, covenanted that they were the lawful owners of the premises; were seized thereof in fee simple ; had full authority to convey,…
1Opinion of the CourtGilchrist, J.
The case finds that the land conveyed by the defendant and March to the plaintiffs, on the 27th day of January, A. D. 1837, was described in the deed as “ beginning at a beech stub marked ; thence south about sixty-one degrees east, about one hundred and seventy rods, to Suna-pee Lake, on the line of land formerly owned by Abial Cooper”, &c. &c. ; and that the plaintiffs offered evidence tending to show that Cooper’s land extended to a line sixty-six degrees east, instead of sixty-one degrees east. The court ruled that by the description in the deed, the land conveyed to the plaintiffs was…
2Cases cited11 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
- Bearce v. JacksonMassachusetts Supreme Judicial Court · 1808
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Riley v. JamesonSuperior Court of New Hampshire · 1823
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3Cited by4 opinions
- Gage v. GageSuperior Court of New Hampshire · 1855
- Marsh v. MarshallSuperior Court of New Hampshire · 1848
- Cunningham v. CurtisSupreme Court of New Hampshire · 1876
- Hoag v. WallaceSuperior Court of New Hampshire · 1854