NORTH HAMPTON DISTRICT v. SOCIETY

No. 4068.

97 N.H. 219 (1951)

NORTH HAMPTON SCHOOL DISTRICT v. NORTH HAMPTON CONGREGATIONAL SOCIETY.

Supreme Court of New Hampshire.

December 4, 1951.


Attorney(s) appearing for the Case

John W. Perkins and Everett P. Holland (Mr. Perkins orally), for the plaintiff.

Charles M. Dale and Ray E. Burkett (Mr. Burkett orally), for the defendant.


LAMPRON, J.

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...

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