Hodsdon v. Kennett
Supreme Court of New Hampshire
Trespass quare clausum. Trial by the court. Transferred from the June term, 1904, of the superior court by Stone, J. About May 20, 1908, John W. Sanborn and the plaintiff were the owners in common of a lumber lot. On that date Sanborn sold the wood and timber thereon to the defendants Kennett and Weeks for $350 and received that sum from them. The plaintiff know of the sale at the time it was made, but remained silent.
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Trespass quare clausum. Trial by the court. Transferred from the June term, 1904, of the superior court by Stone, J. About May 20, 1908, John W. Sanborn and the plaintiff were the owners in common of a lumber lot. On that date Sanborn sold the wood and timber thereon to the defendants Kennett and Weeks for $350 and received that sum from them. The plaintiff know of the sale at the time it was made, but remained silent. Sanborn died in the following July, and on the day of his funeral the plaintiff forbade the defendants cutting any of the wood and timber. At ‘that time the defendants had not…
1Opinion of the CourtWalker, J.
The attempted sale of the wood and timber on the lot by Sanborn to Kennett and Weeks, even if assented to by his co-tenant Hodsdon, had no other effect than to confer upon the vendees a license to enter upon the lot and cut and remove the growth, since the subject-matter of the sale was an interest in real estate, which cannot be conveyed by parol. Kingsley v. Holbrook, 45 N. H. 313; Howe v. Batchelder, 49 N. H. 204; Reid v. McQuesten, 61 N. H. 421; Dudley v. Foote, 63 N. H. 57; Lamprey v. Eastman, 68 N. H. 198. Such a license may be revoked at any time; and acts done upon the land by the…
2Cases cited6 opinions
- Batchelder v. HibbardSupreme Court of New Hampshire · 1878
- Hallett v. ParkerSupreme Court of New Hampshire · 1896
- Quimby v. StrawSupreme Court of New Hampshire · 1901
- Dudley v. FooteSupreme Court of New Hampshire · 1884
- Lamprey v. EastmanSupreme Court of New Hampshire · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bank of California v. Clear Lake Lumber Co.Washington Supreme Court · 1928
- Steinfield v. Monadnock MillsSupreme Court of New Hampshire · 1923
- Barry v. Bank of New Hampshire, National Ass'nSupreme Court of New Hampshire · 1972
- Bruchhausen v. WaltonSupreme Court of New Hampshire · 1971
- James Boyle, Individually and as Trustee of the 150 Greenleaf Avenue Realty Trust v. City of PortsmouthSupreme Court of New Hampshire · 2020