Seavey v. Jones
Supreme Court of New Hampshire
Covenant broken for breach of the covenants of the defendant, in the deed of himself and wife to the plaintiff, dated July 7, 1857, conveying, with full covenants of seizin, right to convey, against incumbrances and warranty,'one undivided half of a tract of land in Bradford, on the west side of the Warner river, with the sawmill, clothing-mill and carding-machines therein; and as expressed in the deed, “with a privilege of flowage, use of water and repairing of dam,” and to…
Read the full summary
Covenant broken for breach of the covenants of the defendant, in the deed of himself and wife to the plaintiff, dated July 7, 1857, conveying, with full covenants of seizin, right to convey, against incumbrances and warranty,'one undivided half of a tract of land in Bradford, on the west side of the Warner river, with the sawmill, clothing-mill and carding-machines therein; and as expressed in the deed, “with a privilege of flowage, use of water and repairing of dam,” and to hold the premises with the privileges and appurtenances to the same belonging. The plaintiff’s claim is, that at the…
1Opinion of the CourtSargent, J.
The plaintiff does not complain in this case that he has been interrupted in, or deprived of some privilege of flowage, use of water and repairing of dam connected with his land or mills. The only breach of covenant complained of is, that Andrews owned land on the other side of the river, and a part of said water-power and still owns the same. Unless that fact constitutes a breach of the defendant’s covenants, then the plaintiff has no case, and unless the defendant’s deed is to be construed as warranting the right to the whole use of the stream and waterpower at that place, there has been no…
2Cited by3 opinions
- Spaulding v. AbbotSupreme Court of New Hampshire · 1875
- Cummings v. ParkerSupreme Court of New Hampshire · 1881
- Spaulding v. AbbotSupreme Court of New Hampshire · 1875