Legal Opinion

Lear v. Durgin

Supreme Court of New Hampshire

Decided June 5, 1888PublishedCited by 2 opinions

Writ of Entry.

1Opinion of the CourtAllen, J.

The demanded premises were reserved by the grant- or in the deed upon which the plaintiff relies to make her title, and she offered parol evidence to show that the reservation was not intended, which was excluded. Parol evidence to vary the plain terms of the deed and make it include what is by it expressly excluded is inadmissible. Nutting v. Herbert, 35 N. H. 120. The defendant offered no evidence; but the plaintiff, to recover, must rely on the strength of her own title, and not upon the weakness of the defendant’s. Atherton v. Johnson, 2 N. H. 35; Goulding v. Clark, 34 N. H. 155. The…

2Cited by2 opinions

  1. Cheever v. RobertsSupreme Court of New Hampshire · 1926
  2. Salisbury Beach Associates v. LittlefieldSupreme Court of New Hampshire · 1938

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