Dame v. Dame
Supreme Court of New Hampshire
Petition eor a new Trial. The petition sets forth that, in 1842, Timothy Dame was possessed of a tract of land in Farmington, containing twelve acres, more or less, of which the boundaries are stated.
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Petition eor a new Trial. The petition sets forth that, in 1842, Timothy Dame was possessed of a tract of land in Farmington, containing twelve acres, more or less, of which the boundaries are stated. In that year the petitioner, Edward Dame, by permission of said Timothy Dame, erected on said tract a dwelling-house and barn, of the value of $500. On the 13th of January, 1853, Timothy Dame conveyed said land by deed of warranty to Daniel W. Dame and Isaac Worster, the petitionees, reserving the house and barn, erected as aforesaid by the petitioner, with the right to remove the same. October…
1Opinion of the CourtBell, J.
The rules of the common law, relating to the rights of lessor and lessee, in buildings and other structures erected by the lessee .upon the property leased, and in such things as are annexed and affixed to any buildings or structures thereon, are liable to be changed and modified in any way by the agreements made by the parties on the subject; and, so far as such agreements extend, the question is no longer what is the common law, but what have the pai’ties agreed. Am. & Fer. on Fix. 97, 103, 104; Broom’s Maxims 280; Dubois v. Kelley, 10 Barb. 496; 2 Smith’s L. C. 87; Wall v. Hinds, 4 Gray…
2Cases cited13 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Mumford v. WhitneyNew York Supreme Court · 1836
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Curtiss v. HoytSupreme Court of Connecticut · 1848
- Dubois v. KellyNew York Supreme Court · 1851
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3Cited by4 opinions
- Peirce v. FinertySupreme Court of New Hampshire · 1911
- Pleasant Valley Campground, Inc. v. RoodSupreme Court of New Hampshire · 1980
- Anderson v. MizellAlabama Court of Appeals · 1957
- Talo v. TavaiHigh Court of American Samoa · 1939