[Download] "North Hampton School District v. North" by Supreme Court of New Hampshire ~ Book PDF Kindle ePub Free
eBook details
- Title: North Hampton School District v. North
- Author : Supreme Court of New Hampshire
- Release Date : January 04, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The main issue to be decided is the nature of the estate held by the plaintiff by virtue of the above deed. The defendant maintains that the proviso ""so long as said lot shall be used as a lot for a school house lot as aforesaid"" applies to the grant with the result that plaintiff acquired a determinable or qualified fee. The plaintiff on the other hand contends that said proviso applies only to the covenant of warranty and that consequently it acquired by said deed a fee simple, the proviso at most impressing a trust thereon, the purpose of which is set out by it. In proceeding to construe this deed ""it is the duty of the court to place itself as nearly as possible in the situation of the parties at the time the instrument was made, that it may gather their intention from the language used, viewed in the light of the surrounding circumstances."" Weed v. Woods, 71 N.H. 581, 583; Therrien v. Therrien, 94 N.H. 66, 67.
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