Pike v. Hood
Supreme Court of New Hampshire
Covenant, for bfeach of warranty of land conveyed by the defendants to the plaintiff. The defendants filed a bill in equity for a reformation of the deed. Facts found by the court. The boundary is described in part as running on Millen’s land “ to-a maple tree marked at the west bank of Long Pond brook so called, thence on the west bank of Long Pond brook so called (southerly) to a stump marked below the mill.”
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Covenant, for bfeach of warranty of land conveyed by the defendants to the plaintiff. The defendants filed a bill in equity for a reformation of the deed. Facts found by the court. The boundary is described in part as running on Millen’s land “ to-a maple tree marked at the west bank of Long Pond brook so called, thence on the west bank of Long Pond brook so called (southerly) to a stump marked below the mill.” The brook flows in a southerly direction, and in its natural state, within the limits referred to, had a channel through which all the water flowed in dry times, and another channel…
1Opinion of the CourtChase, J.
The land in controversy is the island, using the term in a general sense, and not the strip of land between the bank and the thread of the brook. The parties understand that the west bank of one of the channels is the boundary, but they differ as to which channel was intended. If their difference related to the question whether the bank or the thread of the stream was the line, :a consideration of facts not appearing in the case might be necessary for a correct decision of it. The most of the water of the brook, and at times all of it, flows through the easterly channel. That is the main…
2Cases cited3 opinions
- Missouri v. KentuckySupreme Court of the United States · 1871
- Lunt v. HollandMassachusetts Supreme Judicial Court · 1817
- Cessill v. StateSupreme Court of Arkansas · 1883
3Cited by1 opinion
- Bishel v. FariaCalifornia Supreme Court · 1959