Wentworth v. Remick
Supreme Court of New Hampshire
This was a writ of entry, wherein plaintiff demanded possession of a tract of land in Jefferson, in this county. The demandants counted upon their joint seizin of said premises, as of freehold, and upon the disseizin by the defendants within twenty years, &c. Defendant’s plea was the general issue, with a brief statement setting forth the defendant’s claim for betterments.
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This was a writ of entry, wherein plaintiff demanded possession of a tract of land in Jefferson, in this county. The demandants counted upon their joint seizin of said premises, as of freehold, and upon the disseizin by the defendants within twenty years, &c. Defendant’s plea was the general issue, with a brief statement setting forth the defendant’s claim for betterments. Plaintiffs claimed the premises by virtue of a deed from Otis Went-worth, father of John, to said John and wife, dated Nov. 8, 1843. Said deed recites, that in consideration of love and affection to the said John and…
1Opinion of the CourtSargent, J.
As a general rule, joint tenants having a unity of title and of interest as well as of possession, must join in a suit relating to their joint property, while tenants in common haying only a unity of possession, but with distinct titles and interests, must sever. 1 Ch. PI. *22712, 13 ; 1 Black Com. 180, 191; 4 Kent’s Com. 357, et seq.; Campbell v. Wallace, 12 N. H. 370; Hills v. Doe, 6 N. H. 328; Rand v. Dodge, 12 N. H. 68.
A conveyance to husband and wife in fee, does not create a joint tenancy, technically speaking, but the estate is much more like a joint tenancy than a tenancy in common. All the…
2Cases cited4 opinions
- Fuller v. Naugatuck RailroadSupreme Court of Connecticut · 1852
- Brownson v. HullSupreme Court of Vermont · 1844
- Commonwealth v. ColeMassachusetts Supreme Judicial Court · 1809
- Executors of Schoonmaker v. ElmendorfNew York Supreme Court · 1813
3Cited by5 opinions
- Mamalis v. BornovasSupreme Court of New Hampshire · 1972
- Clark v. ClarkSupreme Court of New Hampshire · 1875
- In re Estate of WaksDistrict Court of Appeal of Florida · 1980
- Hayes v. Southern New Hampshire Medical CenterSupreme Court of New Hampshire · 2011
- Mamalis v. BornovasSupreme Court of New Hampshire · 1972