Odiorne v. Mason
Superior Court of New Hampshire
This was a writ of entry, brought to recover a tract of land in Sandwich, and was tried upon the general issue at August term, 1837. It was admitted that tenant was once lawfully seized of the demanded premises.
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This was a writ of entry, brought to recover a tract of land in Sandwich, and was tried upon the general issue at August term, 1837. It was admitted that tenant was once lawfully seized of the demanded premises. And it appeared that one Jacob Marston, having at the court of common pleas holden in the county of Merrimack on the first Tuesday of April, 1828, recovered a judgment against the tenant, and sued out execution, caused his execution to be extended upon the demanded premises on the SOthApril, 1829. And the execution and extent were recorded in the register’s office in this county, on…
1Opinion of the CourtIticHARDSoN, C. J.
It is insisted, in this case, that nothing passed by the extent under which the demandant claims, because the execution was not duly returned at the term when it was returnable, or at least it does not appear to have been so returned; and that if any thing did pass, a copy of the record of the extent in the clerk’s office was the only admissible evidence to prove an extent.
However well founded these objections might have been *29to extents made while the statutes of February 15. 1791, and November 5, 1813, which have been cited by the tern ant's counsel, remained unaltered, the court is of…
2Cited by4 opinions
- Brown v. ManterSuperior Court of New Hampshire · 1851
- French v. EatonSuperior Court of New Hampshire · 1844
- Jewell v. Porter & RolfeSuperior Court of New Hampshire · 1855
- Picetti v. OrcioNevada Supreme Court · 1936