Bell v. Woodward
Supreme Court of New Hampshire
The questions in this case arose on a new trial of the same issues that were tried in Bell v. Woodward, reported in 46 N. H. 315 ; the first issue being on the question whether the description in the mortgage deed from Joshua Woodward to Joseph Bell, dated Feb. 28, 1842, included the Samuel Ladd farm. Said mortgage conveyed, with other land, "all the farm in said Haverhill, lying on both sides of Ladd street, so called, on which I now live, and which I now carry on,” &c.
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The questions in this case arose on a new trial of the same issues that were tried in Bell v. Woodward, reported in 46 N. H. 315 ; the first issue being on the question whether the description in the mortgage deed from Joshua Woodward to Joseph Bell, dated Feb. 28, 1842, included the Samuel Ladd farm. Said mortgage conveyed, with other land, "all the farm in said Haverhill, lying on both sides of Ladd street, so called, on which I now live, and which I now carry on,” &c. The second issue was upon the question, whether the description in the mortgage deed from Woodward to Bell, dated Sept. 4,…
1Opinion of the CourtSmith, J.
I. The testimony of J. B. F. Woodward was irrelevant. The purpose for which Joshua Woodward bought the farm has no legal tendency to show what he did, or did not, do with the farm after the purchase. "Intention is subject to change,” and it does not follow because a man once intended to do an act that he did afterwards perform it. There is a class of cases where the very question in issue is to determine what will probably take place in future, as, for instance, the probable use of a proposed highway, or the probable manner of constructing a projected railroad. In such cases, evidence of a…
2Cases cited1 opinion
- Hale v. HillsSupreme Court of Connecticut · 1830
3Cited by2 opinions
- Fowler v. MadisonSupreme Court of New Hampshire · 1875
- Hovey v. GrantSupreme Court of New Hampshire · 1875