Douglass v. Belknap Springs Land Co.
Supreme Court of New Hampshire
Bill in Equity, to enjoin the incumbrance of the streets shown upon a plan of lands in Alton. Trial by the court. Transferred from the November term, 1910, of the superior court by Pike, J. In 1889, the Winnipesaukee Land Company owned a tract of land on the lake shore in Alton and made a plan of the same, dividing it into house-lots with appropriate streets, including one following the shore line the entire length of the. tract and called Lake Shore avenue.
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Bill in Equity, to enjoin the incumbrance of the streets shown upon a plan of lands in Alton. Trial by the court. Transferred from the November term, 1910, of the superior court by Pike, J. In 1889, the Winnipesaukee Land Company owned a tract of land on the lake shore in Alton and made a plan of the same, dividing it into house-lots with appropriate streets, including one following the shore line the entire length of the. tract and called Lake Shore avenue. The company caused the plan to be recorded in the registry of deeds and sold some lots by reference to it, several of which are now…
1Opinion of the CourtPeasleb, J.
The proposition that the plaintiff has rights in the streets which the defendants cannot deprive him of is well established. Walker v. Manchester, 58 N. H. 438; Bartlett v. Bangor, 67 Me. 460; O’Linda v. Lothrop, 21 Pick. 292; New England etc. Co. v. Company, 189 Mass. 145; Chapin v. Brown, 15 R. I. 579; Lord v. Atkins, 138 N. Y. 184; Lennig v. Association, 41 N. J. Eq. 606; Riedinger v. Railroad, 62 Mich. 29. Thus far the authorities are unanimous. As the case is transferred, this entitles the plaintiff to the injunction as prayed for. But it is manifest that other questions are involved in…
2Cases cited5 opinions
- Lord v. . AtkinsNew York Court of Appeals · 1893
- Bartlett v. City of BangorSupreme Judicial Court of Maine · 1878
- New England Structural Co. v. Everett Distilling Co.Massachusetts Supreme Judicial Court · 1905
- Bell v. ToddMichigan Supreme Court · 1883
- Riedinger v. Marquette & Western RailroadMichigan Supreme Court · 1886
3Cited by13 opinions
- Mumaw v. RobersonSupreme Court of Florida · 1952
- Forister v. ColemanCourt of Appeals of Texas · 1967
- Stack v. Tennessee Land Co.Supreme Court of Alabama · 1923
- McCleary v. LourieSupreme Court of New Hampshire · 1922
- Arnold v. BoulaySupreme Judicial Court of Maine · 1951
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