Hall v. Davis
Supreme Court of New Hampshire
Wkit os ENTRY, for a tract of land in Manchester, described in part as bounded by “ Derry old line.” The case was tried upon the general issue. The plaintiffs introduced as evidence a copy of the charter of Londonderry, bearing date of 1792, in which said line was described as running from a certain monument north north-east, three miles.
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Wkit os ENTRY, for a tract of land in Manchester, described in part as bounded by “ Derry old line.” The case was tried upon the general issue. The plaintiffs introduced as evidence a copy of the charter of Londonderry, bearing date of 1792, in which said line was described as running from a certain monument north north-east, three miles. They also introduced a plan of Londonderry, admitted to be genuine, in which the same line is described as running from a tree, known as the Griffin tree, admitted to be the one shown to the jury on their view in this case, thence north north-east, three…
1Opinion of the CourtFowler, J.
The first position ruled by the court belpw was in strict accordance with the general principle repeatedly recognized in this State, that, in the description of a line, what is most material and certain shall control that which is less material and uncertain; that boundaries marked on the land, as being most material and certain, are to govern courses and distances; that if the plan, or the line described in a deed or charter, and the monuments made by an orginal survey of a tract or township of land, do not correspond, the monuments are always to determine the true location, and that the…
2Cited by1 opinion
- Cunningham v. CurtisSupreme Court of New Hampshire · 1876