Bell v. Twilight
Superior Court of New Hampshire
Writ or Entry, brought on the 8th of August, 1843, to recover a tract of land, situated in Sandown in the county of Rockingham, containing seventy acres, being that part of the homestead farm lately owned by Daniel Eitts, deceased, lying east of the road. The tenant pleaded non tenure as to part of the demanded premises, and nul disseisin as to the remainder, upon which pleas, issues were joined.
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Writ or Entry, brought on the 8th of August, 1843, to recover a tract of land, situated in Sandown in the county of Rockingham, containing seventy acres, being that part of the homestead farm lately owned by Daniel Eitts, deceased, lying east of the road. The tenant pleaded non tenure as to part of the demanded premises, and nul disseisin as to the remainder, upon which pleas, issues were joined. The demandant agreed that upon the issue upon the plea of non tenure, a verdict should be found for the tenant. The demandant offered in evidence a quitclaim deed from Hannah Fitts, to him, dated on…
1Opinion of the CourtPerlby, J.
The deed of Hannah Eitts to the demandant was a mere release and quitclaim, and could not work a forfeiture of her estate for life. At the common law, upon feudal reasons which never prevailed in this country, if tenant for life made a forcible conveyance, which devested the seisin, and turned the estate of him who had the inheritance into a right of entry, the estate of tenant for life was forfeited. Rut a grant or release never had that effect. Co. Lit. 251 b.
Hannah Eitts, by her deed of October 2, 1841, conveyed to the demandant all her interest in the premises, including her right to an…
2Cases cited5 opinions
- Bradish v. GibbsNew York Court of Chancery · 1818
- Butler v. StevensSupreme Judicial Court of Maine · 1847
- Rogers v. JonesSuperior Court of New Hampshire · 1836
- Hadduck v. WilmarthSuperior Court of New Hampshire · 1830
- Colby v. KennistonSuperior Court of New Hampshire · 1827