Legal Opinion

Whitefield v. Dalton

Supreme Court of New Hampshire

Decided March 1, 1921PublishedCited by 2 opinions

Petition, for the abatement of taxes. After the decision in Bernard v. Company, 78 N. H. 418, the verdicts were paid by the Whitefield Tanning company, the town of Whitefield and the state of New Hampshire under Laws 1917, chapter 218. When the settlement was made, Whitefield took quitclaim deeds releasing it from liability for all damages to date, as well as what might be occasioned by the future use of the tannery.

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Petition, for the abatement of taxes. After the decision in Bernard v. Company, 78 N. H. 418, the verdicts were paid by the Whitefield Tanning company, the town of Whitefield and the state of New Hampshire under Laws 1917, chapter 218. When the settlement was made, Whitefield took quitclaim deeds releasing it from liability for all damages to date, as well as what might be occasioned by the future use of the tannery. The rights were conveyed in the following language: “The right to forever operate and conduct a tannery in the town of Whitefield where a tannery is now located, whether the same…

1Opinion of the CourtPeaslee, J.

The deeds to the town of Whitefield purport to convey certain rights as to the future use of the grantors’ lands. They are more than mere releases of claims for damages caused by past acts. The conveyance of the right “to forever operate and conduct a tannery,” even though it be “hefeafter enlarged or rebuilt,” so plainly covers future action that argument of the question is unnecessary. So too as to the deposit of sewage “as it is now or may hereafter be conducted,” there is the use of apt language to create an easement. The attempt was to convey to Whitefield all the right the grantors…

2Cases cited9 opinions

  1. Canaan v. Enfield Village Fire DistrictSupreme Court of New Hampshire · 1908
  2. Wooster v. PlymouthSupreme Court of New Hampshire · 1882
  3. Winnipiseogee Lake Cotton & Woolen Mfg. Co. v. GilfordSupreme Court of New Hampshire · 1887
  4. Newport v. UnitySupreme Court of New Hampshire · 1896
  5. Manchester Street Railway v. WilliamsSupreme Court of New Hampshire · 1902

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3Cited by2 opinions

  1. Lisbon Village District v. LisbonSupreme Court of New Hampshire · 1931
  2. Town of Hanover v. City of LebanonSupreme Court of New Hampshire · 1976

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