Bartlett v. Larochelle
Supreme Court of New Hampshire
Trespass, quare clausum. Facts found by the court. The plaintiff’s close adjoins the defendant’s on the south, and the controversy is over the location of the division line. In 1856, John G. Hook owned a tract of land west of High street in Concord. He divided it into lots, and made a plan of the same and of Forest and other streets, which he recorded in the registry of deeds.
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Trespass, quare clausum. Facts found by the court. The plaintiff’s close adjoins the defendant’s on the south, and the controversy is over the location of the division line. In 1856, John G. Hook owned a tract of land west of High street in Concord. He divided it into lots, and made a plan of the same and of Forest and other streets, which he recorded in the registry of deeds. The plan shows the south line of Forest street as straight from Auburn (the second street west of High) to High street. The courses are not given on, the plan. Later in the same year, he undertook to lay out Forest…
1Opinion of the CourtWallace, J.
To ascertain the line between the plaintiff’s and the defendant’s lots involves the construction of the deeds of Hand' to Elliott in 1871 and to Flanders in 1872. The construction of deeds is the ascertainment from competent evidence of the intention of the parties. Crawford v. Parsons, 63 N. H. 438; Johnson v. Conant, 64 N. H. 109, 136. The competent evidence in ascertaining the intent of the parties to a deed is, in the first instance, the deed itself and such parol or extranWffs' evidence as is necessary to apply the descriptions in the deed! to the land, and every material fact that will…
2Cases cited2 opinions
- Crawford v. ParsonsSupreme Court of New Hampshire · 1885
- Johnson v. ConantSupreme Court of New Hampshire · 1886
3Cited by2 opinions
- MacKay v. BreaultSupreme Court of New Hampshire · 1981
- Leigh v. LaPierreSupreme Court of New Hampshire · 1973