Peirce v. Finerty
Supreme Court of New Hampshire
Bill in Equity, praying that the defendants be restrained from cutting certain “wood, timber, and growth” on the Osgood farm in Milford and from interfering with an entry upon the land and a cutting of said “wood timber, and growth” by the plaintiff.
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Bill in Equity, praying that the defendants be restrained from cutting certain “wood, timber, and growth” on the Osgood farm in Milford and from interfering with an entry upon the land and a cutting of said “wood timber, and growth” by the plaintiff. Trial at the May term, 1909, of the superior court before Chamberlin, J., who decreed that the plaintiff, upon payment of a certain sum and furnishing a bond conditioned upon the payment of all damages which may be done to the land and the growth thereon belonging to the defendant Paradis, may enter upon the lot and remove all the growth under a…
1Opinion of the Court
The plaintiff claims under one John Lovejoy who, being then the owner of the real estate, on December 20, 1892, by an instrument in writing under seal, sold to him "all the timber, wood, and growth of every description on the Osgood farm." The writing contained the following stipulation: "And I give him until January 1st, 1900, A. D., to get the lot off in." November 11, 1898, Lovejoy sold the farm to the defendant Finerty, "reserving to W. E. Peirce all the wood and timber on the above described premises, with the right to cut and remove the same at any time before January 1, 1900." December…
2Cases cited13 opinions
- Smith v. FurbishSupreme Court of New Hampshire · 1894
- Kidder v. FlandersSupreme Court of New Hampshire · 1905
- Carter v. ThurstonSupreme Court of New Hampshire · 1877
- Dame v. DameSupreme Court of New Hampshire · 1859
- Hoit v. Stratton MillsSupreme Court of New Hampshire · 1873
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Houston Oil Co. of Texas v. BoykinTexas Supreme Court · 1918
- Deerfield Lumber Co. v. LymanSupreme Court of Vermont · 1915
- Shehyn v. United StatesDistrict of Columbia Court of Appeals · 1969
- Van Dorn v. CouchCalifornia Court of Appeal · 1937
- Bond v. UngerechtTennessee Supreme Court · 1914
9 more not listed; retrieve them via the Exa API.