Legal Opinion · Concurrence

Carter v. Jackson

Supreme Court of New Hampshire

Decided March 22, 1876Published

From Carroll Circuit Court. Trespass, qu. cl. fr. The defendants were summoned to answer to 11 Sanborn B. Carter, of Ossipee, in said county, administrator of the estate of Adam Roberts, late of Tuftonborough, in said county, intestate, deceased, in a plea of trespass for that the said defendants, on the seventeenth day of July, 1874, with foi’ce and arms, broke and entered the plaintiff’s close, situate in said Tuftonborough, and cut down and carried away, and converted to…

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From Carroll Circuit Court. Trespass, qu. cl. fr. The defendants were summoned to answer to 11 Sanborn B. Carter, of Ossipee, in said county, administrator of the estate of Adam Roberts, late of Tuftonborough, in said county, intestate, deceased, in a plea of trespass for that the said defendants, on the seventeenth day of July, 1874, with foi’ce and arms, broke and entered the plaintiff’s close, situate in said Tuftonborough, and cut down and carried away, and converted to their own use, one ton of the plaintiff’s grass, of the value of $15, there growing, against the peace, &c.,to the…

1Concurrence

I agree with with my brother STANLEY, that none of the exceptions with respect to the proceedings in the probate court, and the execution of the deed by Carter, as administrator of Wm. N. Roberts, to Adam Roberts, are well founded; and, so far, I do not understand there is any difference of opinion in the court.

The case then is, that Adam Roberts died seized of the locus in quo; that his estate had been decreed to be administered as insolvent before the act complained of, and that the administration was not at that time closed. It does not appear that the plaintiff was ever in possession of…

2Cases cited6 opinions

  1. Goodwin v. MiltonSuperior Court of New Hampshire · 1852
  2. Lane v. ThompsonSupreme Court of New Hampshire · 1861
  3. Baker v. HaskellSupreme Court of New Hampshire · 1869
  4. Bergin v. McFarlandSuperior Court of New Hampshire · 1853
  5. Lane v. ThompsonSupreme Court of New Hampshire · 1861

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