Winkley v. Kaime
Supreme Court of New Hampshire
Writ op Entry. The premises claimed are a part of lot No. 97 in the 2d division in Barnstead, containing about forty acres, more or less, of wild land which has never been improved or enclosed by fences.
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Writ op Entry. The premises claimed are a part of lot No. 97 in the 2d division in Barnstead, containing about forty acres, more or less, of wild land which has never been improved or enclosed by fences. The plaintiff claimed title by devise from Benjamin Winkley, of “ thirty-six acres, more or less, in lot 37, in second division in Barnstead, being same I purchased of John Peavey,” and in proof of title in said Winkley, offered: 1. Deed from John Peavey to said Winkley, dated March 25, 1839, of thirty-six acres, more or less, in lot 97, in 2d division, bounded and described in the…
1Opinion of the Court
Eastman, .T.
The demandant declares for forty acres of land, more or less, of lot No. 97, in the 2d division in Barnstead. The case was turned into an agreed one at the trial, and we take the evidence as finding the facts.
The first step in the demandant’s title is a devise from Benjamin Winkley to the demandant, of “ thirty-six acres, more or less, in lot 37 in the 2d division in Barnstead, being same I purchased of John Peavey.”
It is apparent that here is a radical difference between the description of the premises demanded and those contained in the devise; the land demanded being a part of…
2Cases cited5 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Jackson ex. dem. Livingston v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1816
- Lush v. DruseNew York Supreme Court · 1830
- Loomis v. Jackson ex dem. M'NaughtonNew York Supreme Court · 1822
- Tobin v. Griffith, Pennsylvania Court of Common Pleas, Schuylkill County1875
3Cited by1 opinion
- In Re Estate of SayewichSupreme Court of New Hampshire · 1980