Adams v. Morrison
Superior Court of New Hampshire
This was a writ of entry, in which the demandant counted upon his own seizin of a tract of land in London-derry and upon a disseizin by the tenant. The cause was tried here upon the general issue, at September term, 1836, when it was admitted that the demandant was the son and sole heir of John M. Adams deceased, who at the time of his death was lawfully seized of the demanded premises in fee simple.
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This was a writ of entry, in which the demandant counted upon his own seizin of a tract of land in London-derry and upon a disseizin by the tenant. The cause was tried here upon the general issue, at September term, 1836, when it was admitted that the demandant was the son and sole heir of John M. Adams deceased, who at the time of his death was lawfully seized of the demanded premises in fee simple. It appeared in evidence that John M. Adams, deceased, made a will which on the 18th May, 1815, and after his decease, was duly proved and allowed, and administration of the estate committed to…
1Opinion of the Court
By the court.
This is a very plain case Jackson the executor acting under a license from the judge of probate to raise $800, by a sale of real estate, and having raised $315 29 under and in pursuance of the license, sold and conveyed the demanded premises to the tenant for $53 i 37. This sum with what had been before raised exceeded the sum which he was authorized to raise and the sale to the tenant was clearly not warranted by the license.
We hold it to be clear law, that when an executor or administrator acting under a license from the judge of *168probate authorizing him to raise a particular…
2Cases cited1 opinion
- Batty v. CarswellNew York Supreme Court · 1806
3Cited by1 opinion
- Merrill v. HarrisSuperior Court of New Hampshire · 1852