Legal Opinion

Manchester v. Hodge

Supreme Court of New Hampshire

Decided March 3, 1908PublishedCited by 5 opinions

Case, for obstructing a private way. Transferred from the May term, 1907, of the superior court by Stone, J., upon an agreed statement of facts. The plaintiff city and the defendants derive title from the Amoskeag Manufacturing Company.

Read the full summary

Case, for obstructing a private way. Transferred from the May term, 1907, of the superior court by Stone, J., upon an agreed statement of facts. The plaintiff city and the defendants derive title from the Amoskeag Manufacturing Company. In 1841 that corporation deeded a tract of land to the city for a public cemetery, the material part of the conveyance being as follows: “ Thence westerly . . . to Willow street; thence northerly on the easterly line of Willow street thirteen hundred feet, said line being parallel to and two hundred and seventy-five feet easterly of the east line of Elm…

1Opinion of the CourtYoung, J.

The deed to the city bounds the cemetery on the west by the easterly line of Willow street, and says that it is a line “ parallel to and two hundred and seventy-five feet easterly of the east line of Elm street.” If this language is given its ordinary meaning, Willow street had been surveyed at that time. The defendants contend, however, that since the case does not show when the Amoskeag Company surveyed this part of their land, it must be held that the parties intended to bound the cemetery on the west by a line two hundred and seventy-five feet easterly of the east line of Elm street.…

2Cases cited3 opinions

  1. Concord Manufacturing Co. v. RobertsonSupreme Court of New Hampshire · 1889
  2. Thompson v. MajorSupreme Court of New Hampshire · 1878
  3. Collins & A. v. Howard & A.Supreme Court of New Hampshire · 1889

3Cited by5 opinions

  1. Loud v. BrooksMichigan Supreme Court · 1928
  2. Manchester v. HodgeSupreme Court of New Hampshire · 1910
  3. City of Rochester v. Marcel A. Payeur, Inc. & a.Supreme Court of New Hampshire · 2016
  4. Baldwin v. WallaceSupreme Court of New Hampshire · 1929
  5. Fauerbach v. Dane CountyWisconsin Supreme Court · 1939

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API