Towle v. Ayer
Superior Court of New Hampshire
This was a writ of entry, brought to recover a tract of land in Hawke. The tenant pleaded in bar of the action an entry by the demandant, after the disseizin alleged in the writ. To this the demandant replied, that afte% his said supposed entry, the tenant reentered and expelled him. And issue was joined upon the said reentry.
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This was a writ of entry, brought to recover a tract of land in Hawke. The tenant pleaded in bar of the action an entry by the demandant, after the disseizin alleged in the writ. To this the demandant replied, that afte% his said supposed entry, the tenant reentered and expelled him. And issue was joined upon the said reentry. The cause was tried at January term, 1835, when it appeared in evidence, that one W. Worthen, on the 24th of June, 1830, by deed conveyed the demanded premises to the tenant, who on the 17th of December, 1831, brought a writ of entry against Chase Fuller, to recover the…
1Opinion of the CourtRichardson, C. J.
The question to be decided is, whether the evidence in this case was in law sufficient to maintain the issue on the part of the demandant.
The matter in issue was whether the tenant had entered and expelled the demandant.
To maintain this issue on his part, it was not necessary that the demandant should show an actual expulsion. It was only necessary to show that the tenant had done what gave him a right to consider himself as disseized.
The only evidence introduced to maintain the issue, on the part of the demandant, was, that the tenant, having a deed of the land from a third person, declared…
2Cases cited4 opinions
- Green v. LiterSupreme Court of the United States · 1814
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1812
3Cited by9 opinions
- Barbara F. O'Malley & a. v. Aaron Little & a.Supreme Court of New Hampshire · 2017
- Breck v. YoungSuperior Court of New Hampshire · 1841
- Hart v. LindseySuperior Court of New Hampshire · 1845
- Whidden v. ProctorSuperior Court of New Hampshire · 1845
- Durando v. DurandoNew York Supreme Court · 1860
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