Mooers v. Bunker
Superior Court of New Hampshire
Assumpsit, for §500, money had and received. The specification claims one-fifth part of $265, received by the defendant,. o.n.the litíüday of April, 1847, for timber taken by the defendant from th~e. Paul Eaton lot, so called, in Candia, and sold to one John Say. It appeared that Paul Eaton, the former owner of the lot,"died in 1830, leaving a son, Henry, and four other children, oi- heir legal representatives.
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Assumpsit, for §500, money had and received. The specification claims one-fifth part of $265, received by the defendant,. o.n.the litíüday of April, 1847, for timber taken by the defendant from th~e. Paul Eaton lot, so called, in Candia, and sold to one John Say. It appeared that Paul Eaton, the former owner of the lot,"died in 1830, leaving a son, Henry, and four other children, oi- heir legal representatives. The defendant put in evidence á quitclaim deed from Henry Eaton, dated February 26, 1844. There are other children and grand children of Paul Eatoii^, not joined in this suit. Mrs.…
1Opinion of the CourtBell, J.
The provision of the Revised Statutes upon which this action is founded, and on which alone it can be supported, is as follows: “ Any co-tenant of real estate may recover, by action of assumpsit, against any one or more of his co-tenants, his just share of the value’of any trees destroyed, cut or carried away by such co-tenant, which were standing, lying or growing on such real estate, or of any other property attached thereto, and destroyed, severed or carried away by such co-tenant.”
It is urged by the plaintiffs’ counsel that this section is merely a revision of the second section of the…
2Cases cited4 opinions
- Smith v. KnowltonSuperior Court of New Hampshire · 1840
- Waldron v. TuttleSuperior Court of New Hampshire · 1828
- Mahurin v. BellowsSuperior Court of New Hampshire · 1843
- Perley v. BrownSuperior Court of New Hampshire · 1842
3Cited by1 opinion
- State v. EbeltSupreme Court of New Hampshire · 1981