Legal Opinion

Tappan v. Tappan

Superior Court of New Hampshire

Decided July 15, 1855Published

Writ op entry, brought to recover the possession of a tract of land in East Kingston, and entered at the September term, 1851, and continued from term to term until the September term, 1853. At the last-mentioned term, when-the cause was about to be called for trial by the jury, the defendants pleaded severally the following pleas, to wit: Nathaniel Tappan, one of the defendants, pleaded that on the day of the purchase of the writ, he was sole tenant of the demanded premises…

Read the full summary

Writ op entry, brought to recover the possession of a tract of land in East Kingston, and entered at the September term, 1851, and continued from term to term until the September term, 1853. At the last-mentioned term, when-the cause was about to be called for trial by the jury, the defendants pleaded severally the following pleas, to wit: Nathaniel Tappan, one of the defendants, pleaded that on the day of the purchase of the writ, he was sole tenant of the demanded premises as of freehold, “ without this that said John L. Tappan or George S. Tappan, the other defendants, had any thing in the…

1Opinion of the CourtEastman, J.

This action was tried at the February term, 1854, of the common pleas, by a gentleman who subsequently left the bench; and after his resignation an amendment of the case, as transferred to us, was made by him in December, 1854, which is probably material. The case, as originally drawn, stated that the court overruled the objections taken to the reception of the pleas, and permitted them-to be filed as the general issue. The amendment made adds that “ the court did this knowing the contents of the pleas, and irrespective of the question whether the pleas were in abatement or in bar.”

If the…

2Cases cited4 opinions

  1. Riley v. JamesonSuperior Court of New Hampshire · 1823
  2. Lund v. ParkerSuperior Court of New Hampshire · 1824
  3. Sperry v. SperrySuperior Court of New Hampshire · 1837
  4. Wilson v. WebsterSuperior Court of New Hampshire · 1833

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API