Legal Opinion

Reed v. Hatch

Supreme Court of New Hampshire

Decided March 11, 1875PublishedCited by 1 opinion

WRIT op entry, to recover a tract of laud situate in Washington, in said county. Plea, nul disseizin. Trial before Smith, J. The plaintiff showed title under a deed from Sally R. Fisher to himself, dated Feb. 15,1865. He also put in evidence a warranty deed from himself to William Atkins, dated June 9,1870, recorded June 28,1870, expressed to be in consideration of one hundred dollars.

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WRIT op entry, to recover a tract of laud situate in Washington, in said county. Plea, nul disseizin. Trial before Smith, J. The plaintiff showed title under a deed from Sally R. Fisher to himself, dated Feb. 15,1865. He also put in evidence a warranty deed from himself to William Atkins, dated June 9,1870, recorded June 28,1870, expressed to be in consideration of one hundred dollars. The description of the premises conveyed is as follows: “A certain tract or parcel of land lying in said Washington, with the buildings thereon, and bounded and described as follows, to wit, — commencing ata…

1Opinion of the Court

We are called upon to give an interpretation to the deed from the plaintiff to William Atkins, under whom the defendant claims title. It is written upon one of the blanks in the common form adopted for deeds of warranty. It contains a description of the land conveyed, containing a saw-mill located thereon. It also grants a right of flowage; and all this is followed by the habendum clause, then by the usual covenants of ownership, seizin in fee and possession by the grantor, freedom from incumbrances, and general warranty.

Immediately following these covenants is inserted in writing a condition…

2Cases cited6 opinions

  1. Richardson v. PalmerSupreme Court of New Hampshire · 1859
  2. Crouch v. FowleSuperior Court of New Hampshire · 1838
  3. Lane v. ThompsonSupreme Court of New Hampshire · 1861
  4. Bell v. WoodwardSupreme Court of New Hampshire · 1865
  5. Furbush v. GoodwinSuperior Court of New Hampshire · 1852

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Goddard v. Berlin Mills Co.Supreme Court of New Hampshire · 1926

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