Merrick Ogden, Appellant v. Rufus H. Jennings, Respondents

Summary

The Court of Appeals affirmed the lower court’s judgment for the plaintiff, holding that the lease of the school district conveyed only the land occupied by the school‑house and shed and did not include the adjoining strip of land used as a playground. The Court reasoned that a grant of a house without further description passes only the curtilage and garden immediately adjoining, that the term “appurtenances” conveys only incorporeal rights, and that the alleged necessity of the playground was immaterial and unsupported by evidence.