Tilton v. Tilton
Superior Court of New Hampshire
In Chancery. The bill alleged that in the month of November, 1832, the parties were seized and possessed of certain lands in Kensington, as tenants in common ; and, being desirous to have partition made of said lands, they entered into bonds to abide the award of T. L., S. T. and J. W. S., by them chosen to make partition ; that the arbitrators, after hearing the parties and examining the lands, declared to the parties their opinion in relation to the manner in which…
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In Chancery. The bill alleged that in the month of November, 1832, the parties were seized and possessed of certain lands in Kensington, as tenants in common ; and, being desirous to have partition made of said lands, they entered into bonds to abide the award of T. L., S. T. and J. W. S., by them chosen to make partition ; that the arbitrators, after hearing the parties and examining the lands, declared to the parties their opinion in relation to the manner in which partition should be made, and were about to make an award; but the defendant being dissatisfied, it was agreed between the…
1Opinion of the CourtWilcox, J.
There seems little room left for controversy in regard to the main allegations in the plaintiff’s bill. The tenancy in common ; the submission to referees ; the hearing of the parties by the referees; the declaration of their opinion to the parties ; the execution of two deeds, and possession pursuant to them, are clearly admitted in the defendant’s answer. It is equally clear, from the proofs, that the parties expressly agreed to abide by and perform the award of the referees ; that the referees awarded certain lands, including the tract of woodland in dispute, to the plaintiff, and certain…
2Cases cited4 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Langdon v. KeithSupreme Court of Vermont · 1837
3Cited by4 opinions
- Grabowski v. GrabowskiSupreme Court of New Hampshire · 1980
- Bellows v. StoneSuperior Court of New Hampshire · 1843
- Busby v. LittlefieldSuperior Court of New Hampshire · 1855
- Ayer v. HawkesSuperior Court of New Hampshire · 1840