Morrill v. Foster
Supreme Court of New Hampshire
Petition ror Partition. On trial of the issues joined upon the seizin of the petitioners, and upon the sole seizin of the petitionee, the petitioners claimed each one fourth of the land, under a title from Joseph Hemphill, deceased, who lived upon the land in 1781, and died in possession of it in 1782. His widow and children continued to live upon it, and "carried it on till 1797, when the widow’s dower was set off to her, and the residue of the farm divided among his four…
Read the full summary
Petition ror Partition. On trial of the issues joined upon the seizin of the petitioners, and upon the sole seizin of the petitionee, the petitioners claimed each one fourth of the land, under a title from Joseph Hemphill, deceased, who lived upon the land in 1781, and died in possession of it in 1782. His widow and children continued to live upon it, and "carried it on till 1797, when the widow’s dower was set off to her, and the residue of the farm divided among his four children and heirs by the court of probate; Robert, the eldest, having two fifths, and each of the others, Matthew, Sarah…
1Opinion of the Court
Bell, J.*
The property of Joseph Hemphill was divided by a committee appointed by the court of probate, dower being assigned to the widow and the residue set off in shares to the children. They made a single report of their doings, which was accepted by a decree of the court. It became material to show where was the line of the land assigned to the widow for her dower, and the court held that the whole report might be read in evidence. It was objected that no more of the report should be read than had direct reference to the dower. The whole was properly admitted. The general rule is, that…