First National Bank v. Portsmouth Savings Bank
Supreme Court of New Hampshire
Bill in Equity, for an injunction. Transferred from the April term, 1902, of the superior court by Young, J. The allegations of the bill are in substance as follows: September 13, 1869, the plaintiffs and the defendants, being tenants in common of certain real estate in Portsmouth, and occupying separate portions of the building thereon for the business of their respective institutions, made partition of the property by mutual deeds of release.
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Bill in Equity, for an injunction. Transferred from the April term, 1902, of the superior court by Young, J. The allegations of the bill are in substance as follows: September 13, 1869, the plaintiffs and the defendants, being tenants in common of certain real estate in Portsmouth, and occupying separate portions of the building thereon for the business of their respective institutions, made partition of the property by mutual deeds of release. By the terms of the deeds, the plaintiffs-became the owners of that portion of the realty lying south of a line drawn through a partition wall then…
1Opinion of the CourtBingham, J.
The mutual covenants contained in the agreement of February 8, 1810, in which it was provided “that no change in the front of said building or in the principal entrance thereto shall be made by either party without the consent of the other,” are to be construed as grants of negative easements for the benefit of the respective properties; and as the parties to this action and the agreement are the same, it is unnecessary to determine whether the covenants run with the land, and would be obligatory upon the successors and assigns of the contracting parties, though not named. Foster v. Foster,…
2Cases cited7 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Whittenton Manufacturing Co. v. StaplesMassachusetts Supreme Judicial Court · 1895
- King v. WightMassachusetts Supreme Judicial Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Manchester Dairy System, Inc. v. HaywardSupreme Court of New Hampshire · 1926
- Bow v. FarrandSupreme Court of New Hampshire · 1915