Clark v. Parsons
Supreme Court of New Hampshire
Bill in Equity, to remove a cloud upon the plaintiff’s title to a parcel of land in Bye, of which the defendant by his answer claims to own an undivided half. Eacts found by a referee. November 13, 1820, one Parsons conveyed the premises in question, with other land, to Amos 8. Parsons by warranty deed.
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Bill in Equity, to remove a cloud upon the plaintiff’s title to a parcel of land in Bye, of which the defendant by his answer claims to own an undivided half. Eacts found by a referee. November 13, 1820, one Parsons conveyed the premises in question, with other land, to Amos 8. Parsons by warranty deed. Amos had three sons, Joseph, James M., and IsaacI)., and by his will, duly probated February 14, 1851, gave all his real estate, including the disputed premises, to Joseph for life, with remainder to James and Isaac. Isaac; lived in Portsmouth and died at sea, leaving two sons, William R and…
1Opinion of the CourtWallace, J.
The plaintiff has not acquired title to the premises by adverse possession as against the defendant, nor did the statute of limitations begin to run against an action for possession until the death of the life tenant, Joseph, in 1891. Foster v. Marshall, 22 N. H. 491; Bodwell v. Nutter, 63 N. H. 446, 448; Mixter v. Woodcock, 154 Mass. 535.
But it is urged that Isaac or his sons might, at any time after the deed to Berry by Joseph and James, December 14,1865, have maintained an action to establish their title to the remainder according to the doctrine of Walker v. Walker, 63 N. H. 321. That…
2Cases cited3 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- McLaughlin v. McLaughlinCourt of Appeals of Maryland · 1894
- Mixter v. WoodcockMassachusetts Supreme Judicial Court · 1891
3Cited by10 opinions
- Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
- Lotspeich v. DeanNew Mexico Supreme Court · 1949
- Ford v. WarnerCourt of Appeals of Texas · 1915
- Mizell v. WalleySupreme Court of Alabama · 1950
- Salyer's Guardian v. KeetonCourt of Appeals of Kentucky (pre-1976) · 1926
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