Legal Opinion

Thompson v. Ela

Supreme Court of New Hampshire

Decided June 5, 1881PublishedCited by 3 opinions

Writ oe Entry oil a mortgage. Facts found by a referee. The demanded premises are described in the mortgage as “ a certain piece or parcel of land in Allenstown in said county of Merrimack and bounded as follows, to wit: Beginning at the .northwesterly corner of the premises thence west 96 rods to a stone monument thence turning and running south 87 rods thence easterly on a parallel line with the first named line to the easterly line of said lot thence northerly on the line…

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Writ oe Entry oil a mortgage. Facts found by a referee. The demanded premises are described in the mortgage as “ a certain piece or parcel of land in Allenstown in said county of Merrimack and bounded as follows, to wit: Beginning at the .northwesterly corner of the premises thence west 96 rods to a stone monument thence turning and running south 87 rods thence easterly on a parallel line with the first named line to the easterly line of said lot thence northerly on the line of lot number eight to the bound first mentioned said granted premises being known as part of Lot No. 10, in the fourth…

1Opinion of the CourtClark, J.

That there is an error in the description of the land in the mortgage is apparent from the deed itself; and it is equally apparent that the error consists in describing the place of beginning as the north-westerly instead of the north-easterly corner of the lot. To begin at the north-westerly corner of a lot of land and run west on a line of the same lot, is an impossibility. Taking the whole description, it is manifest that the point of beginning is the northeasterly corner of the lot; and rejecting the word north-westerly, which is evidently erroneous, the remaining description is…

2Cases cited3 opinions

  1. Desmond v. BabbittMassachusetts Supreme Judicial Court · 1875
  2. Galvin v. CollinsMassachusetts Supreme Judicial Court · 1880
  3. Beal v. GordonSupreme Judicial Court of Maine · 1867

3Cited by3 opinions

  1. Glynn v. MaxfieldSupreme Court of New Hampshire · 1910
  2. Lime Rock National Bank v. HenrySupreme Court of New Hampshire · 1897
  3. Burpee v. RussellSupreme Court of New Hampshire · 1886

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