Greene v. Creighton
Supreme Court of Rhode Island
This was an action of covenant, submitted to the court without formal pleadings, partly upon an agreed statement of facts, and partly upon evidence; the plaintiff to recover costs, although less than one hundred dollars in damages, and the damages to be in full of the breach of covenant, all necessary parties for that purpose having concurred in the agreement. , The agreed facts were, that the heirs and devisees of the late Thomas Lloyd Halsey, Senior, being then the owners…
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This was an action of covenant, submitted to the court without formal pleadings, partly upon an agreed statement of facts, and partly upon evidence; the plaintiff to recover costs, although less than one hundred dollars in damages, and the damages to be in full of the breach of covenant, all necessary parties for that purpose having concurred in the agreement. , The agreed facts were, that the heirs and devisees of the late Thomas Lloyd Halsey, Senior, being then the owners in fee simple, in their own right, as tenants in common of the land now covered by Halsey street, with the lands…
1Opinion of the Court
Construing the clause in question, in the deed of the Halsey heirs to the City of Providence, according to the apparent intent of the grantors, whose language it is, we are satisfied that it is a covenant between them, as owners, at the time, of all the lots adjoining Halsey street, for the benefit, of their said lots. They were in the act of dedicating to perpetual public use, as a highway, a strip of their land fifty feet wide at least, through its whole extent, and in the curving part, much wider, upon which their lots, on both sides of it, were to front; and made this further provision…
2Cases cited1 opinion
- Barrow v. RichardNew York Court of Chancery · 1840
3Cited by6 opinions
- Emhart Industries, Inc. v. Home InsuranceDistrict Court, D. Rhode Island · 2007
- Quill Co., Inc. v. AT Cross Co.Supreme Court of Rhode Island · 1984
- González Mena v. Dannermiller Coffee Co.Supreme Court of Puerto Rico · 1935
- Auerbacher v. SmithNew Jersey Superior Court Appellate Division · 1952
- Puddington v. VielbigNew Jersey Court of Chancery · 1928
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