Cunningham v. Curtis
Supreme Court of New Hampshire
From Rockingham Circuit Court. Action or Covenant. The defendants’ intestate had conveyed, by deed of warranty, a parcel of land to the plaintiff.
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From Rockingham Circuit Court. Action or Covenant. The defendants’ intestate had conveyed, by deed of warranty, a parcel of land to the plaintiff. It was described in the plaintiff’s deed as “ a certain lot of land, with the buildings thereon, situated in said Portsmouth, beginning at the corner of Water and Jefferson streets, and running northerly by said Water street fifty feet and two inches to land owned by Matthew Johnson; thence westerly by said Johnson’s land seventy-six feet and two inches, to land of Thomas Hough; thence southerly by said Hough’s land to Jefferson street, fifty-one…
1Concurrence
When courses and distances in a deed are inconsistent with fixed monuments, the latter govern, for the reason that what is most material and certain controls that which is less material and uncertain. Among the numerous authorities upon this point are Breck v. Young, 11 N.H. 485, Enfield v. Day, 11 N.H. 520, Smith v. Dodge,2 N.H. 303, Hall v. Davis, 36 N.H. 569.
Where land is described in a deed as running a certain distance by measurement to an ascertained line, though without a visible boundary, such line is regarded as of itself a monument which will control the admeasurement and fix the…
2Cases cited4 opinions
- Breck v. YoungSuperior Court of New Hampshire · 1841
- Smith v. DodgeSuperior Court of New Hampshire · 1820
- Proprietors of Enfield v. DaySuperior Court of New Hampshire · 1841
- Hall v. DavisSupreme Court of New Hampshire · 1858