Marshall v. Pierce
Superior Court of New Hampshire
Writ of entry, to recover a tract of land in Atkinson. The tenant pleaded the general issue. A verdict was taken for the demandant, for seven-eighths of the demanded premises, subject to the opinion of this court upon the following case. It was agreed, that one Moses Dole was once the owner of the demanded premises, and that on the third day of May, A. D. 1796, he conveyed them to Elizabeth Dole, the wife of Parker Dole.
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Writ of entry, to recover a tract of land in Atkinson. The tenant pleaded the general issue. A verdict was taken for the demandant, for seven-eighths of the demanded premises, subject to the opinion of this court upon the following case. It was agreed, that one Moses Dole was once the owner of the demanded premises, and that on the third day of May, A. D. 1796, he conveyed them to Elizabeth Dole, the wife of Parker Dole. There was evidence that Elizabeth Dole had worked as a tailoress for some years before her marriage, and had, in that way, accumulated some property — that she also inherited…
1Opinion of the CourtGilchhist, J.
It is contended by the tenant that Parker Dole acquired a title to the demanded premises by adverse possession. The evidence of such a title arises from the fact that he had offered to sell the land. This, alone, might perhaps be considered as an assertion of title in himself; but it is to be taken in connexion with other parts of his conduct relating to the land. On one occasion, when applied to, to sell the land, he declined, saying that it belonged to his wife ; and when, at last, he did sell it, he declared that it was his wife’s land, and that he had left enough on the other side of the…
2Cases cited10 opinions
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
- Marston v. BrackettSuperior Court of New Hampshire · 1838
- Lund v. ParkerSuperior Court of New Hampshire · 1824
- Jackson ex dem. Winthrop v. WatersNew York Supreme Court · 1815
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3Cited by2 opinions
- Wells v. PierceSuperior Court of New Hampshire · 1853
- Weiss-Lawrence, Inc. v. James Talcott, Inc.District Court, D. New Hampshire · 1975