Wilson v. Webster
Superior Court of New Hampshire
This was a writ of entry brought to recover a tract of land in Hooksett. The demandant alleged, in his count, that the tenant, being sezied of the demanded premises on the 19th March, 1827, by deed, conveyed the same to the demandant in fee and in mortgage.
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This was a writ of entry brought to recover a tract of land in Hooksett. The demandant alleged, in his count, that the tenant, being sezied of the demanded premises on the 19th March, 1827, by deed, conveyed the same to the demandant in fee and in mortgage. The tenant pleaded in abatement, that on the day of the purchase of the writ, and long before William Webster was seized of the demanded premises in fee, and on the 4th October, 1831, demised the same premises to the tenant, to be by him held and occupied at the will of the said William Webster ; by virtue of which demise the tenant has…
1Opinion of the CourtEichardsoN, C. J.
The replication of the demandant is not the proper replication for his case. Instead of traversing the seizin of William Webster, he ought to have replied that the tenant was tenant of the freehold. Jackson, on real actions, 96.
But issue has been joined upon the seizin of William Webster, and the question is, whether the evidence was eufficent to maintain the issue on the part of the tenant.
If it had been shown, on the part of the demandant, that the deed under which he claims was executed, acknowledged and recorded, before William "Webster caus-edjhe land to be attached, it would then have…
2Cited by2 opinions
- Tappan v. TappanSuperior Court of New Hampshire · 1855
- Wheeler v. BatesSuperior Court of New Hampshire · 1850