Nashua Hospital Ass'n v. Gage

Objection is made that the defendant’s claim is not a cloud upon the title of the plaintiff in any event, and that therefore the bill does not lie. If the restrictions are in force as claimedAby the defendants, they constitute an encumbrance upon the plaintiff’s property. Foster v. Foster, 62 N. H. 46. Whether they are now or ever have been in force as between these parties, depends in part upon facts not shown by the recorded conveyances. The present proceeding is an appropriate one in which to have the facts found and a decree entered which will clear up the present indefinite state of the…