5 A. 845 | N.H. | 1886
Assumpsit does not lie. Gilman v. School District,
If the plaintiffs elect to amend their declaration by filing a count in covenant, the question will arise whether the defendant is liable, as assignee on the covenant, for the payment of rent during the time he was in possession and held the title to the term, subject to his mortgage to Douglass for the purchase-money. Covenants which run with the land attend the legal title. Walker v. Reeves, 2 Doug. 461 n.; Dartmouth College v. Clough,
If the doctrine of M'Murphy v. Minot,
Judgment for the plaintiffs.
ALLEN, J., did not sit: the others concurred.