Harriman v. Park
Supreme Court of New Hampshire
Assumpsit. The writ is dated October 19,1872, and the declaration is as follows: “ In a plea of the case for that the defendants, at Plymouth aforesaid, on the tenth day of August, 1869, in consideration that said deceased, then in full life, would grant and convey to them, by good and sufficient deed of conveyance, a certain tract of land situate in Warren in said county, promised and agreed to build and keep in repair a suitable fence on the westerly and southerly sides of…
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Assumpsit. The writ is dated October 19,1872, and the declaration is as follows: “ In a plea of the case for that the defendants, at Plymouth aforesaid, on the tenth day of August, 1869, in consideration that said deceased, then in full life, would grant and convey to them, by good and sufficient deed of conveyance, a certain tract of land situate in Warren in said county, promised and agreed to build and keep in repair a suitable fence on the westerly and southerly sides of said land at their own expense; and the plaintiff avers that the said deceased in his lifetime did grant and convey to…
1Opinion of the Court
Deed-poll — Reservation — Acceptance. 1. The defendants object that the form of action is misconceived. The well considered case of Burbank v. Pillsbury, 48 N.H. 475, is an authority directly in point, that assumpsit will lie in a case like this. "A deed-poll, when accepted by the grantee, becomes the mutual act of the parties, and a stipulation, on the part of the grantee, though it cannot be declared upon as his deed, yet by force of his acceptance is a valid contract on his part by which a right, may be reserved or granted, or upon which a suit may be maintained." Newell v. Hill, 2 Met.…
2Cases cited6 opinions
- Louisville & Frankfort Railroad v. BallardCourt of Appeals of Kentucky · 1859
- Overly's v. Overly's DeviseesCourt of Appeals of Kentucky · 1858
- Davis v. HaydenMassachusetts Supreme Judicial Court · 1813
- Plumer v. PlumerSuperior Court of New Hampshire · 1855
- Burbank v. PillsburySupreme Court of New Hampshire · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dow v. HarkinSupreme Court of New Hampshire · 1892