Proprietors of Cornish v. Kenrick
Superior Court of New Hampshire
This was a real action, to recover land in Cornish. Plea : the general issue. At May Term, 1808, a verdict was given for the plaintiffs, subject to the opinion of the Court on a case stated. The defendant relied on certain votes of the proprietary, whereby he alleged that the plaintiffs, who were once the owners of the demanded premises, had parted with their title. The plaintiffs raised several objections as to the validity and effect of these votes.
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This was a real action, to recover land in Cornish. Plea : the general issue. At May Term, 1808, a verdict was given for the plaintiffs, subject to the opinion of the Court on a case stated. The defendant relied on certain votes of the proprietary, whereby he alleged that the plaintiffs, who were once the owners of the demanded premises, had parted with their title. The plaintiffs raised several objections as to the validity and effect of these votes. Only so much of the opinion is here reported as bears on two of these objections.1
1Opinion of the CourtSmith, C. J.
I. To show that plaintiffs have not departed with their title, it is said, by their counsel, that they can only convey by deed; they are not a corporation for any purpose, but mere -tenants in common of the undivided land in Cornish; and, inasmuch as no deed is shown, the title still remains in them, and they are entitled now to recover.
*271It is certain there is nothing in the grant or charter of Cornish, which, in express terms, makes the grantees a corporation. Indeed, in the same instrument, the persons who shall inhabit within the limits of Cornish are constituted a body-politic. This…
2Cited by1 opinion
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