Chase v. Hazelton
Superior Court of New Hampshire
This was an action of case in the nature of waste. The declaration alleged that one Margaret Forsaith, being seized of a certain close in Chester, for the term of her life, and. the plaintiff being seized of the reversion, that the defendant, on the 10th of June, 1832, entered the close, and cut down and carried away eighty hemlock trees, to the injury of the plaintiff’s reversionary interest. There was also a count in trover for the trees.
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This was an action of case in the nature of waste. The declaration alleged that one Margaret Forsaith, being seized of a certain close in Chester, for the term of her life, and. the plaintiff being seized of the reversion, that the defendant, on the 10th of June, 1832, entered the close, and cut down and carried away eighty hemlock trees, to the injury of the plaintiff’s reversionary interest. There was also a count in trover for the trees. The cause was tried upon the general issue, when it appeared that one T. Forsaith being seized of the ¿ocus in quo, on the 26th of January, 1816, by deed…
1Opinion of the CourtUpham, J.
The locus in quo in this case was originally the property of one T. Forsaith, who had created a life estate in the same by grant, retaining the reversion in himself. The plaintiff subsequently attached Forsaith’s interest in the premises, and caused the same to be set off on execution; and this action is brought against the defendant to recover the damage done by Mm to the reversionary interest which the plaintiff had thus acquired.
An exception has been taken to the title of the plaintiff by his levy, for the reason that the appraisers/in their return, allege that the land was set off in full…
2Cases cited3 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Randall v. CleavelandSupreme Court of Connecticut · 1827
- People ex rel. Brown v. Board of Apportionment & AuditNew York Court of Appeals · 1873
3Cited by2 opinions
- Fireman's Fund American Insurance Companies v. WebberSupreme Court of New Hampshire · 1972
- Johnson v. JohnsonSuperior Court of New Hampshire · 1847