Cook v. Brown
Supreme Court of New Hampshire
Writ or Entry, dated January 28, 1852, to recover three sevenths of the home farm of Nancy Brown, deceased, and of the wood lot adjoining said farm. The writ alleges a seizin within thirty years, and’ a disseizin, within that time, by the defendant. Plea, nul disseizin.
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Writ or Entry, dated January 28, 1852, to recover three sevenths of the home farm of Nancy Brown, deceased, and of the wood lot adjoining said farm. The writ alleges a seizin within thirty years, and’ a disseizin, within that time, by the defendant. Plea, nul disseizin. It appeared that the whole real estate formerly belonged to William Eifield, (who died in 1839,) and was by him devised to his sister, Nancy Eifield, who afterwards married Stephen Brown, the defendant in this suit. Nancy Eifield was in the possession of the property from the death of William, in 1839, until her marriage with…
1Opinion of the CourtEastman, J.
The question which was found for the plaintiff, and upon which the verdict was rendered, was the delivery of the deed by Mrs. Brown, the defendant’s husband, to Richard F. Fifield. If this deed was not delivered, the demandant was entitled to recover ; and the jury, under the rulings and instrue*470tions of the court, have found that it was not. Were these rulings and instructions correct ?
The first exception taken was to the competency of a daughter of Peter Fifield as a witness. If the deed in controversy was not delivered, the property descended to the seven children of Peter Fifield, of whom…
2Cases cited8 opinions
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Frost v. BeekmanNew York Court of Chancery · 1814
- Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
- Jackson ex dem. Salisbury v. FishNew York Supreme Court · 1813
- Jackson ex dem. M'Crea v. DunlapNew York Supreme Court · 1799
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Johnston v. LynchSupreme Court of New Hampshire · 1990
- Van Huff v. WagnerSupreme Court of Missouri · 1926
- Arwe v. WhiteSupreme Court of New Hampshire · 1977