Little v. Downing
Supreme Court of New Hampshire
Trespass, quare clausum fregit. John Little was alleged to be an insane person, and prosecuted the action by guardian. He had deceased pending the action, which was prosecuted since by the wife.
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Trespass, quare clausum fregit. John Little was alleged to be an insane person, and prosecuted the action by guardian. He had deceased pending the action, which was prosecuted since by the wife. The declaration alleged that the defendant, at Rumney, on November 1, 1851, and on divers, &c., broke and entered the close of Sarah Little, in Rumney, being lot No. 5, in the first range of .100 acre lots on Ellsworth line, lying east of lot No. 4, in said range, occupied by Gribson, and cut down and carried away timber, wood and bark, &c., particularly specified in the writ, which is dated January…
1Opinion of the CourtFowler, J.
The action was rightfully permitted to pro- . ceed in the name of the wife, Sarah Little, after the death of her husband. This would manifestly have been so at common law, the suit having been brought for an injury to land of the wife, and she being therefore the party in interest. But, under the express provisions of our statutes, there can be no possible question on this point. Knox v. Knox, 12 N. H. 360; Revised Statutes, chap. 186, secs. 14, 15; Laws of 1844, chap. 139 ; Comp. Laws 481.
The ancient book of records, purporting to be the proprietary records of Rumney, accompanied as it was…
2Cited by6 opinions
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- Riverwood Commercial Properties, Inc. v. ColeSupreme Court of New Hampshire · 1994
- Seward v. LorangerSupreme Court of New Hampshire · 1988
- Forest v. JacksonSupreme Court of New Hampshire · 1876
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