Hoit v. Stratton Mills
Supreme Court of New Hampshire
Trespass qu. el. and de bonis. Plea, tlie general issue, and brief statement of license. In 1863, one Rebecca Very, who then owned the land, conveyed the timber standing, lying, and being thereon, to one Kingsley, by deed (duly executed, acknowledged, and recorded), containing an agreement that Very would deliver the timber at a certain place not on the land, on or before April 1,1866, and that, if Very failed so to deliver it, the grantee, his heirs and assigns, might enter…
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Trespass qu. el. and de bonis. Plea, tlie general issue, and brief statement of license. In 1863, one Rebecca Very, who then owned the land, conveyed the timber standing, lying, and being thereon, to one Kingsley, by deed (duly executed, acknowledged, and recorded), containing an agreement that Very would deliver the timber at a certain place not on the land, on or before April 1,1866, and that, if Very failed so to deliver it, the grantee, his heirs and assigns, might enter the premises and take the timber. Very received payment for the timber, but did not deliver it. In 1866 Kingsley…
1Opinion of the CourtDoe, J.
Very, the former owner of the land, having failed to deliver the timber April 1, 1866 (the time agreed upon), Kingsley, his heirs and assigns, had a reasonable time after that date in which to take it. This reasonable time is given, not by the express terms of the deed, but by construction, — that is, by an inference of the intention and understanding of the parties. It would be unreasonable to infer that the parties understood that Kingsley, his heirs and assigns, would have a right to leave the timber encumbering the land forever, or to enter and remove it whenever they pleased at any time…
2Cited by4 opinions
- Palmer v. WahlerCalifornia Court of Appeal · 1955
- Peirce v. FinertySupreme Court of New Hampshire · 1911
- Peirce v. FinertySupreme Court of New Hampshire · 1911
- Walker v. WetherbeeSupreme Court of New Hampshire · 1874