Kendall v. Green
Supreme Court of New Hampshire
Trespass. Facts found by the court. The defeixdants’ premises adjoin those of the plaintiff on the east; and the contention relates to the location of the division line. William Green, the original owner of both lots of land, iix 1850 conveyed a portion of the land now owned by the plaintiff to Joshua T. Kendall. Soon after, Kendall built a house upon his land.
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Trespass. Facts found by the court. The defeixdants’ premises adjoin those of the plaintiff on the east; and the contention relates to the location of the division line. William Green, the original owner of both lots of land, iix 1850 conveyed a portion of the land now owned by the plaintiff to Joshua T. Kendall. Soon after, Kendall built a house upon his land. In 1854 Green conveyed to Kendall a strip of land situated on the east side of the tract previously conveyed, describing it as follows: “ Commencing twelve and one half feet east of said Kendall's house, aixd rumxing parallel with said…
1Opinion of the Court
Per Curiam. *
1. The line in dispute is “ twelve and one half feet east of said Kendall’s house and the question is, whether the distance is to be measured from the side of the house or from the eaves.
The true test is, What did the parties mean by the language they •employed ? Probably all so called legal rules of construction were intended to furnish an answer to this question, when it arises with reference to the language of contracts; and no difficulty or apparent injustice is found in their application when they are regarded merely as convenient, reasonable, and useful means of…
2Cases cited20 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Lowell v. StrahanMassachusetts Supreme Judicial Court · 1887
- Dunham v. . WilliamsNew York Court of Appeals · 1867
- In re RobbinsSupreme Court of Minnesota · 1885
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- State v. CorronSupreme Court of New Hampshire · 1905
- Wo Co. (Formerly Nytco Leasing, Inc.) v. Benjamin Franklin CorporationCourt of Appeals for the First Circuit · 1977
- Anderson v. Ætna Life InsuranceSupreme Court of New Hampshire · 1909
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