Clark v. First Congregational Society
Supreme Court of New Hampshire
This is a bill in equity brought to set aside a conveyance of plaintiffs interest in the meeting-house lot of the defendant in Keene, together with certain strips of land in addition thereto. • The relief is sought upon the ground that two of those strips of land were included in the deed by fraud, accident or mistake, and also upon the ground that the deed was never delivered.
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This is a bill in equity brought to set aside a conveyance of plaintiffs interest in the meeting-house lot of the defendant in Keene, together with certain strips of land in addition thereto. • The relief is sought upon the ground that two of those strips of land were included in the deed by fraud, accident or mistake, and also upon the ground that the deed was never delivered. After answer filed and proofs taken, issues were awarded on the application of the plaintiff; and those issues were, (1) whether the deed was delivered; (2) whether a strip of land on the east of the meetinghouse lot…
1Opinion of the CourtBellows, J.
Upon a careful consideration of the evidence reported, we think that a case is not made for setting aside the verdict on the second issue as against evidence, unless a different rule applies here from that which is recognized in suits at common law. There a verdict is not to be disturbed merely because the court on the evidence would have decided differently; but where presumptions are to be raised, inferences drawn, and conflicting evidence to be weighed, including the credibility *334and intelligence of witnesses, the verdict will not be set aside, unless it is so decidedly against the weight…
2Cases cited2 opinions
- Harding v. WheatonSupreme Court of the United States · 1826
- Townsend v. GravesNew York Court of Chancery · 1831
3Cited by6 opinions
- Panas v. HarakisSupreme Court of New Hampshire · 1987
- Faust v. General Motors Corp.Supreme Court of New Hampshire · 1977
- Rogers v. Pub. Serv. Co. of NHSupreme Court of New Hampshire · 1981
- Kelley v. NessOregon Supreme Court · 1948
- Roger Coleman Associates, Inc. v. Retsof Co. TrustSupreme Court of New Hampshire · 1977
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