Whittemore v. Shaw
Superior Court of New Hampshire
Writ of Entry, to recover a tract of land in Salisbury. The tenant pleaded the general issue, and a special plea in bar as to twenty parts in twenty-one of the demanded premises, setting forth that said Whittemore, November 8, 1830, made application by petition, to this court, for partition of the demanded premises, representing that he was seized in fee simple of five undivided seventh parts, Sec., and that he was tenant in common with Joseph Bean, Jr.; and praying that his…
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Writ of Entry, to recover a tract of land in Salisbury. The tenant pleaded the general issue, and a special plea in bar as to twenty parts in twenty-one of the demanded premises, setting forth that said Whittemore, November 8, 1830, made application by petition, to this court, for partition of the demanded premises, representing that he was seized in fee simple of five undivided seventh parts, Sec., and that he was tenant in common with Joseph Bean, Jr.; and praying that his share might be set off to him in seve-ralty — upon which petition Bean was notified, appeared, and pleaded in bar that…
1Opinion of the CourtParrer, J.
The special plea in this case cannot be supported. The demandant in his writ alleges generally that he is seized, without setting out the particulars or origin of his title. What title he intends to rely on does not appear, and the tenant cannot set up a particular title for him; allege that the demandant claims under that title ; and then plead matter of estoppel to bar a recovery under it. If such plea was admitted, and the tenant mistook the title under which the demandant claimed, the latter must traverse the allegation that the estate and title claimed and set up by him was the same as…
2Cases cited3 opinions
- Towns v. NimsSuperior Court of New Hampshire · 1830
- Crane v. ShawMassachusetts Supreme Judicial Court · 1816
- Parker v. ParkerMassachusetts Supreme Judicial Court · 1821
3Cited by4 opinions
- Dame v. WingateSuperior Court of New Hampshire · 1841
- Potter v. BakerSuperior Court of New Hampshire · 1848
- Bath's PetitionSuperior Court of New Hampshire · 1851
- Ritchie v. GloverSupreme Court of New Hampshire · 1876