Pritchard v. Atkinson
Superior Court of New Hampshire
This was an action of covenant broken, brought upon a deed purporting a conveyance from the def endant to the plaintiff of a tract of land. The covenant recited in the declaration Avas, that at the time of executing the deed the granted premises were free of all incumbrances. The breach of the covenant assigned was, that at the time, of executing the deed, the premises were incumbered with a public highway.
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This was an action of covenant broken, brought upon a deed purporting a conveyance from the def endant to the plaintiff of a tract of land. The covenant recited in the declaration Avas, that at the time of executing the deed the granted premises were free of all incumbrances. The breach of the covenant assigned was, that at the time, of executing the deed, the premises were incumbered with a public highway. The cause having been tried and a verdict returned for the plaintiff and damages assessed at $1, Atkinson, for the defendant, contended, that the plaintiff was not entitled to full costs.
1Opinion of the CourtRichardson, C. J.
delivered the opinion of .the court.
The statute of June 30, 1825, sec. 8, provides, that in all actions, except actions of the ease for slanderous words, actions of assault and battery, for imprisonment and for malicious prosecution, and trespass, quare clausum fregit, “ commenced at the court of common pleas, if it shall appear to the justices of said court, or to the justices of the superior court in case of appeal, that the plaintiff, or plaintiffs, had no reasonable expectation of recovering more than six dollars damages in such suit, the justices of said court may limit the plaintiff, or…
2Cases cited5 opinions
- Cook v. AllenMassachusetts Supreme Judicial Court · 1807
- Spear v. BicknellMassachusetts Supreme Judicial Court · 1809
- Heaton v. FerrisNew York Supreme Court · 1806
- Crocker v. BlackMassachusetts Supreme Judicial Court · 1820
- Forsaith v. ClogstonSuperior Court of New Hampshire · 1826
3Cited by4 opinions
- Thorndike v. NorrisSuperior Court of New Hampshire · 1852
- Church v. ClarkeSuperior Court of New Hampshire · 1853
- Davis v. MorseSuperior Court of New Hampshire · 1850
- Morse v. PresbySuperior Court of New Hampshire · 1852