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Lear v. Durgin

Supreme Court of New Hampshire Merrimack
Jun 1, 1888
15 A. 127 (N.H. 1888)

Opinion

Decided June, 1888.

WRIT OF ENTRY.

Pierce Paige, for the plaintiff.

F. H. Gould and Sanborn Hardy, for the defendant.


The demanded premises were reserved by the grantor in the deed upon which the plaintiff relies to make her title, and she offered parol evidence to show that the reservation was not intended, which was excluded. Parol evidence to vary the plain terms of the deed and make it include what is by it expressly excluded is inadmissible. Nutting v. Herbert, 35 N.H. 120. The defendant offered no evidence; but the plaintiff, to recover, must rely on the strength of her own title, and not upon the weakness of the defendant's. Atherton v. Johnson, 2 N.H. 35; Goulding v. Clark, 34 N.H. 155. The plaintiff having failed to prove a title to the demanded premises, a verdict for the defendant was properly ordered.

Exceptions overruled.

BLODGETT, J., did not sit: the others concurred.


Summaries of

Lear v. Durgin

Supreme Court of New Hampshire Merrimack
Jun 1, 1888
15 A. 127 (N.H. 1888)
Case details for

Lear v. Durgin

Case Details

Full title:LEAR v. DURGIN

Court:Supreme Court of New Hampshire Merrimack

Date published: Jun 1, 1888

Citations

15 A. 127 (N.H. 1888)
64 N.H. 618

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