Legal Opinion

Lovering v. Lovering

Superior Court of New Hampshire

Decided July 15, 1843PublishedCited by 4 opinions

Covenant. On the 13th day of August, 1806, the defendant leased to the plaintiff certain premises for the term of her natural life.

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Covenant. On the 13th day of August, 1806, the defendant leased to the plaintiff certain premises for the term of her natural life. The language used by the lessor was as follows: “ I have let and leased, and by these presents do let and lease unto her, the said Mary Lovering, for and during the full term of her natural life, two acres of land, &c., and as much firewood as she wants off the hundred acres, a part of which she conveyed to me, and oxen to haul it, and do all her other ox-work,” to have and to hold the premises, “ according to the true intent and meaning, as before written,…

1Opinion of the CourtGilchrist, J.

The first inquiry in this case of course is, whether there are in the lease any such covenants as those which in the declaration the defendant is alleged to have broken.

The instrument “lets and leases” to the plaintiff two acres of land, as much firewood as she wants from a certain *518hundred acres of land, and oxen to haul it, and do all her other ox-work, and <! the premises above described” are to be “held according to the true intent and meaning as before written,” “ without the least hindrance,” &c. These are all the expressions in the lease which it is necessary to examine in order to…

2Cases cited2 opinions

  1. Mann v. LockeSuperior Court of New Hampshire · 1840
  2. Fuller v. LittleSuperior Court of New Hampshire · 1835

3Cited by4 opinions

  1. Hazlett v. PowellSupreme Court of Pennsylvania · 1858
  2. Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
  3. Putnam v. GoodallSuperior Court of New Hampshire · 1855
  4. Smith & Lougee v. Smith & BannisterSuperior Court of New Hampshire · 1853

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