Amazeen v. Newcastle
Supreme Court of New Hampshire
Bill in Equity, by the heirs of Mary Elizabeth Martin, praying that a deed of real estate from Mary to the town of Newcastle be set aside or declared to be a mortgage, and for an accounting. Trial at the October term, 1910, of the superior court before Chamberlin, J., who ruled that upon facts found by him the bill should be dismissed. To this ruling the plaintiffs excepted.
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Bill in Equity, by the heirs of Mary Elizabeth Martin, praying that a deed of real estate from Mary to the town of Newcastle be set aside or declared to be a mortgage, and for an accounting. Trial at the October term, 1910, of the superior court before Chamberlin, J., who ruled that upon facts found by him the bill should be dismissed. To this ruling the plaintiffs excepted. Mary Elizabeth Martin lived in the town of Newcastle all her ■ life and died January 4, _1908, in her eighty-fifth year. June 11, 1907, for the expressed consideration of “one dollar and other valuable considerations,”…
1Opinion of the CourtParsons, C. J.
The allegations of want of capacity in Mrs. Martin to make the conveyance, of fraud in procuring its execution, ■and of mistake in its form having been found against the plaintiffs, the only grounds upon which they now attack the validity of the ■deed are that the selectmen were not authorized by vote of the town to make the contract for support found to be its consideration, or to accept the conveyance. This means that the deed was without ■consideration and was never delivered as matter of law.
The first objection is not open to the plaintiffs claiming as heirs •of the grantor. “A deed duly…
2Cases cited1 opinion
- O'Donnell v. SmithMassachusetts Supreme Judicial Court · 1886
3Cited by10 opinions
- City of Concord v. TompkinsSupreme Court of New Hampshire · 1984
- Lucier v. ManchesterSupreme Court of New Hampshire · 1922
- Turco v. Town of BarnsteadSupreme Court of New Hampshire · 1992
- Stewart v. Board of County CommissionersSupreme Court of Colorado · 1926
- Warren v. WeaverSupreme Court of New Hampshire · 1916
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