Sargent v. Graham
Superior Court of New Hampshire
This was a writ of entry, brought to recover a tract of land in Chester, and was tried upon the general issue at January term, 1830, when a verdict was taken by consent for the demandant, subject to the opinion of the court upon the following case. James Wason, junior, died seized of the demanded premises.
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This was a writ of entry, brought to recover a tract of land in Chester, and was tried upon the general issue at January term, 1830, when a verdict was taken by consent for the demandant, subject to the opinion of the court upon the following case. James Wason, junior, died seized of the demanded premises. William Choate, junior, a creditor of the estate of the said James, deceased, having obtained a judgment and an execution against the executor of said James’ will, caused the same to be extended upon the demanded premises on the 25th September, 1827. The land was appraised at the sum of…
1Opinion of the Court
Gkeen J.
delivered the opinion of the court, ©oe question in this case is, whether there was a legal tender of the amount, which the tenant was entitled to receive ?
It is clearly settled, as a general rule, that in order to constitute a legal tender, he who makes it must he ready to pay,or at least must have within his immediate reach, the means to pay, and must actually offer to pay, & Coke, 114, Wade’s case ; Buller’s N. P. 155—156 ; 2 Wilson, 74, French v. Watson; Co. Litt, 308, a; 10 East, 101, Thomas v, Evans; 3 C. & P. 342, Leatherdale v. Sweepstone ; 5 Espinasse, N. P. C. 48, Glascott…
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