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5 N.H. 408

Lyman v. Loomis

Superior Court of New Hampshire

Decided May 15, 1831

Superior Court of New Hampshire · decided 1831-05-15

Covenant broken. The plaintiff alleged in his declaration, that the defendant, by deed dated May 24,1822, conveyed to the plaintiff “ the following lots of land lying and being in Bethlehem — to wit, lot No. 33, in the 11th range, and lot No. 27, in the 1-lth range, containing one hundred acres each, being the same land deeded to James Chamberlain, junior, by Stephen Lane, February, 1801/’ and covenanted with the plaintiff that he, the said Joseph, was the lawful possessor…

Good law ✅— No negative treatment on recordhow we know

Decided 1831-05-15

How this case has been cited

Cited by 3 later decisions (1 by the Supreme Court) — most recently November 1906

2 state decisions

1018311840185018601870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By i!.e Court.

¶1This is a very plain case. The role is, that if the description be sufficient to ascertain the land intended to be conveyed, the land will pass, although it does not agree with some of the particulars in the description. 4 Mass. Rep. 205 ; 6 Cowen, 717.

¶2In the deed of the defendant there is enough to show, that the lots intended to be conveyed were lots in the gore, because there is a direct reference to Lane’s deed for a more particular description, and the lots described in Lane’s deed are in the gore. The circumstance, that the lots are described as in Bethlehem, must be rejected as false or mistaken. The verdict must be set aside, and «á new trial granted.

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