Phelan v. Adam
Supreme Court of New Hampshire
Writ oe Entry. The defendants claimed to recover for betterments. Trial by jury and verdict for the plaintiffs on the main issue and for the defendants upon the issue as to betterments. The facts and exceptions are stated in the opinion. Transferred from the December term, 1918, of the superior court, by Marble, J.
1Opinion of the CourtPeaslee, J.
This proceeding involves the rights of the parties, in a farm in Pittsburg. The farm was a part of a large tract of wild land owned by the plaintiffs’ predecessor in title, the Connecticut River Lumber Company. It was settled by one Caron in 1895. He cleared land, built buildings, rebuilt them after a fire, and improved the property generally. He had no deed of the land, but mortgaged it in 1904, warranting it free from encufnbrance “except the sum due the Conn. River Lumber Company.” In 1905 he again mortgaged it, with a like exception. The holder of the latter mortgage discovered that Caron…
2Cases cited7 opinions
- McIsaac v. McMurraySupreme Court of New Hampshire · 1915
- Walker v. WalkerSupreme Court of New Hampshire · 1886
- Blazo v. CochraneSupreme Court of New Hampshire · 1902
- Flannagan v. KilcomeSupreme Court of New Hampshire · 1878
- Seavey v. DrakeSupreme Court of New Hampshire · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- New Hampshire Wholesale Fruit Co. v. PaineSupreme Court of New Hampshire · 1923
- Moore v. Sterling Warner Industrial Investment Corp.Supreme Court of New Hampshire · 1974
- Carter v. ProvoSupreme Court of New Hampshire · 1935