Thompson v. Carr
Superior Court of New Hampshire
This was a writ of entry, in which the demandant counted upon his own seizin of the two hundred acre lot of land, No. 2, in the northeast division of two hundred acre lots, in Springfield, in this county, and upon a dis-seizin by the tenant.
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This was a writ of entry, in which the demandant counted upon his own seizin of the two hundred acre lot of land, No. 2, in the northeast division of two hundred acre lots, in Springfield, in this county, and upon a dis-seizin by the tenant. The teste of the writ was the 29th March, 1828. As to the easterly half of the de-tnanded premises, there was a disclaimer, and as to the other half, a plea of nul disseizin, and a claim for the increased value, in consequence of improvements made by the tenant, and those under whom he claimed. The cause was submitted to the decision of the court, upon…
1Opinion of the Court
*515The opinion of the court was delivered by
RichaRdson, C. J.
When the statute of November 28, 1778, entitled “ an act to confiscate the estates of sundry persons therein named,” was passed, this country was at war with Great Britain ; and it is recited in the preamble of the act, that John Wentworth and others, had, after the commencement of hostilities, gone over to the enemy, and to the utmost of their power, aided, abetted, and assisted the enemy. The right to confiscate the property of an enemy, during a war, is derived from, a state of war. The right originates in the principle of self…
2Cases cited7 opinions
- Smith v. Maryland Ex Rel. Caroll & MacCubbinSupreme Court of the United States · 1810
- Knox v. JenksMassachusetts Supreme Judicial Court · 1811
- Martin v. CommonwealthMassachusetts Supreme Judicial Court · 1805
- Higginson v. MeinSupreme Court of the United States · 1808
- Atherton v. JohnsonSuperior Court of New Hampshire · 1819
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Brown v. SceggellSuperior Court of New Hampshire · 1851