Walker v. Wilson
Superior Court of New Hampshire
This was a writ of entry, in which the demandant counted upon his own seizin of land in Hanover, and upon a disseizin by the tenant. The tenant pleaded nontenure, to which the demand-ant replied an entry claiming a freehold, upon which issue was joined. The cause was tried here at November term, 1826, when it appeared in evidence that the tenant resided upon the land in the family of Joseph Reynolds.
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This was a writ of entry, in which the demandant counted upon his own seizin of land in Hanover, and upon a disseizin by the tenant. The tenant pleaded nontenure, to which the demand-ant replied an entry claiming a freehold, upon which issue was joined. The cause was tried here at November term, 1826, when it appeared in evidence that the tenant resided upon the land in the family of Joseph Reynolds. On the 1st March, 1826, the demandant went to the land and requested the tenant to surrender the possession, to which she replied that she had no possession to surrender, but she continued to…
1Opinion of the CourtRichardson, C. J.
In order to maintain his writ in this case, it was necessary that the demandant should show a -disseizin by the tenant, and the question is whether the evidence adduced by the demandant was sufficient in law for this purpose.
A distinction has been made in the books between an actual disseizin and a disseizin by election. But in the present case it is unnecessary to advert to this distinction, because if the tenant in this case has done any act, which, although not amounting to an actual disseizin, may at the election of the demandant be considered as an ouster, this is sufficient to maintain…
2Cited by3 opinions
- Whidden v. ProctorSuperior Court of New Hampshire · 1845
- Fifield v. BaileySupreme Court of New Hampshire · 1875
- Smith v. EdminsterSuperior Court of New Hampshire · 1843