Frost v. Cloutman
Superior Court of New Hampshire
This was a formed on in remainder, and the cause was submitted to the decision of the court upon the following statement of facts.
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This was a formed on in remainder, and the cause was submitted to the decision of the court upon the following statement of facts. Joseph Frost, Esq. died in the year 1768, seized of the demanded premises in fee simple, having made and published his last will and testament, which was afterwards duly proved, whereby he devised the demanded premises to his son, Joseph Frost, in fee tail male, and for default of heirs male of the body of Joseph, living at his death, then to George Frost, another son of the testator, in tail male. Joseph Frost, the son, after the death of the testator, entered…
1Opinion of the Court
Richardson, C. .!..
drew up the opinion of the court.
This is a writ of formedon in remainder, in which the de-mandant claims to recover the demanded premises as his inheritance, according to the form of the gift contained in the will of Joseph Frost.
It is not disputed that the demandant is entitled to judgment in this case, unless the defence upon which the tenants rely is a legal answer to the action.
That defence is the common recovery suffered by Joseph *14Frost, the tenant in tail, in 1819; and it is not disputed that if that recovery was legally executed, it is a bar to this action. But it is…
2Cases cited1 opinion
- Woodburn Sarven Wheel Co. v. McKernanIndiana Superior Court · 1871
3Cited by1 opinion
- Great Falls Co. v. WorsterSuperior Court of New Hampshire · 1844