Prescott v. Hawkins
Superior Court of New Hampshire
Trespass, for breaking and euteriog the plaintiff’s close in Holderness. Upon the trial, it appeared that both parties claimed title to the locus in quo. under Arthur Livermore, who, on the 28th of October, 1821, conveyed to Nathaniel C. Prescott one hundred acres of land, in Holderness, “ beginning where the new road crossfes the line between the school lot and the lot where Samuel Currier lived ; then east by said lot,” It appeared from the testimony of Joshua Smith, a…
Read the full summary
Trespass, for breaking and euteriog the plaintiff’s close in Holderness. Upon the trial, it appeared that both parties claimed title to the locus in quo. under Arthur Livermore, who, on the 28th of October, 1821, conveyed to Nathaniel C. Prescott one hundred acres of land, in Holderness, “ beginning where the new road crossfes the line between the school lot and the lot where Samuel Currier lived ; then east by said lot,” It appeared from the testimony of Joshua Smith, a surveyor, that prior to the execution of this deed, he was called by Prescott to run -out one hundred acres of common land,…
1Opinion of the Court
Parkéh, C. J.
The evidence in this case went, very conclusively, to show a mistake in the deed from Judge Liver-more to Prescott, the plaintiiPs ancestor, if it might have been received for that purpose.
But it is well settled that a court of law cannot correct a mistake in a deed, or receive evidence to sho'w such mistake, *26with a view to give the deed a different operation from that which it would have by the terms of it. 5 N. H. Rep. 280, Enfield. vs. Permit; 18 Wend. R. 157. Van Wyck vs. Wright; 1 Fairf. R. 418, Lincoln vs. Avery.
The court, therefore, was bound to consider the deed as having…
2Cases cited6 opinions
- Makepeace v. BancroftMassachusetts Supreme Judicial Court · 1815
- Gouverneur v. TitusNew York Court of Chancery · 1837
- Gray v. BerrySuperior Court of New Hampshire · 1838
- Sawyer v. FellowsSuperior Court of New Hampshire · 1833
- Proprietors of Enfield v. PermitSuperior Court of New Hampshire · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Clough v. BowmanSuperior Court of New Hampshire · 1844
- Wallace v. GoodallSuperior Court of New Hampshire · 1846
- Busby v. LittlefieldSuperior Court of New Hampshire · 1855
- Berry v. GarlandSuperior Court of New Hampshire · 1853
- Whitehouse v. BickfordSuperior Court of New Hampshire · 1854