Benton v. Merrill
Supreme Court of New Hampshire
Trespass, quare clausum, with an additional count in trover. Pleas: (1) To both counts, the general issue; (2) to the first count, soil and freehold in the defendant; (3) to the first count, not the soil and freehold of the plaintiff'. Pacts found by a referee. The plaintiff introduced a deed of the premises in question from Weeks and Hutchins, as tenants in common, to himself,, and an earlier deed from Dewey to said Weeks and the plaintiff,, as tenants in common.
Read the full summary
Trespass, quare clausum, with an additional count in trover. Pleas: (1) To both counts, the general issue; (2) to the first count, soil and freehold in the defendant; (3) to the first count, not the soil and freehold of the plaintiff'. Pacts found by a referee. The plaintiff introduced a deed of the premises in question from Weeks and Hutchins, as tenants in common, to himself,, and an earlier deed from Dewey to said Weeks and the plaintiff,, as tenants in common. It did not appear what Hutchins’s interest was. Both deeds were duly recorded. The plaintiff offered evidence of certain acts of…
1Opinion of the CourtBlodgett, J.
Assuming that an amendment of the case will be granted, to the effect that, in addition to the invalid warrant to the collector for the collection of the non-resident taxes for 1883, there was another general warrant for the collection of both the resident and non-resident taxes for that year “ complete and formal in every particular,” the defendant shows a superior title under the collector’s deed of the premises to his grantor, given upon a sale made in 1884 for the taxes assessed in 1883, whether the title set up by the plaintiff is or is not sufficient to sustain his action. But one…
2Cases cited3 opinions
- Thompson v. GerrishSupreme Court of New Hampshire · 1876
- Odiorne v. RandSupreme Court of New Hampshire · 1880
- Sawyer v. GleasonSupreme Court of New Hampshire · 1879
3Cited by3 opinions
- McCarthy v. Union Pac. Ry. Co.Wyoming Supreme Court · 1942
- Langley v. BatchelderSupreme Court of New Hampshire · 1899
- Richards-Conover Hardware Co. v. SharpSupreme Court of Kansas · 1939