Carter v. Jackson
Supreme Court of New Hampshire
From Carroll Circuit Court. Trespass, qu. cl. fr. The defendants were summoned to answer to 11 Sanborn B. Carter, of Ossipee, in said county, administrator of the estate of Adam Roberts, late of Tuftonborough, in said county, intestate, deceased, in a plea of trespass for that the said defendants, on the seventeenth day of July, 1874, with foi’ce and arms, broke and entered the plaintiff’s close, situate in said Tuftonborough, and cut down and carried away, and converted to…
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From Carroll Circuit Court. Trespass, qu. cl. fr. The defendants were summoned to answer to 11 Sanborn B. Carter, of Ossipee, in said county, administrator of the estate of Adam Roberts, late of Tuftonborough, in said county, intestate, deceased, in a plea of trespass for that the said defendants, on the seventeenth day of July, 1874, with foi’ce and arms, broke and entered the plaintiff’s close, situate in said Tuftonborough, and cut down and carried away, and converted to their own use, one ton of the plaintiff’s grass, of the value of $15, there growing, against the peace, &c.,to the…
1Concurrence
"Upon the whole, we think there is no difficulty in sustaining the suit, upon the ground of want of title in the plaintiffs. The premises belonged to them, as heirs of their father; and, in the absence of its appearing that they were wanted for the payment of his debts, it is to be taken that they were not wanted. The plaintiffs were in possession of the premises as heirs, and, without claim from any one, rented the same to the defendant, who, it would seem, is not in a position to dispute their title." Plumer v. Plumer, 30 N.H. 567.
In Leavitt v. Leavitt, 47 N.H. 329, the husband in his…
2Cases cited7 opinions
- Goodwin v. MiltonSuperior Court of New Hampshire · 1852
- In re SturocSupreme Court of New Hampshire · 1869
- Judge of Probate v. BrooksSuperior Court of New Hampshire · 1829
- Plumer v. PlumerSuperior Court of New Hampshire · 1855
- Baker v. HaskellSupreme Court of New Hampshire · 1869
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