Hall v. Young
Supreme Court of New Hampshire
"Writ or Entry, for a tract of land in Chester, containing twelve acres. Plea, nul disseizin. The plaintiff, to make out title, relied upon the levy of an execution upon the demanded premises, set off from a tract of about seventy acres, by metes and bounds, in severalty, as the estate of Simon Hazelton. Several exceptions were taken by the defendant to tbe levy, which, for the purposes of the trial, were overruled by the court, and which are unnecessary to be stated.
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"Writ or Entry, for a tract of land in Chester, containing twelve acres. Plea, nul disseizin. The plaintiff, to make out title, relied upon the levy of an execution upon the demanded premises, set off from a tract of about seventy acres, by metes and bounds, in severalty, as the estate of Simon Hazelton. Several exceptions were taken by the defendant to tbe levy, which, for the purposes of the trial, were overruled by the court, and which are unnecessary to be stated. For the purpose of showing that said Simon had title to the land at the time of the levy, by virtue of an unrecorded deed,…
1Opinion of the CourtSawyer, J.
It is unnecessary to consider the exceptions taken by the defendant to the levy, if, upon the other questions raised by the case, the verdict can be sustained. The plaintiff claims under the levy, and the exceptions to its sufficiency were overruled for the purposes of the trial. The object and effect of this ruling were to leave the par. ties at liberty to try other controverted questions upon which the plaintiff’s title under the levy depended. Upon these other questions the defendant prevailed; and if the trial was properly conducted as to them, it is immaterial whether the return of the…
2Cases cited2 opinions
- White v. CarpenterNew York Court of Chancery · 1830
- Sayre v. TownsendsNew York Supreme Court · 1836
3Cited by2 opinions
- Lumber Insurance Companies, Inc. v. AllenDistrict Court, D. New Hampshire · 1993
- Moulton v. HaleySupreme Court of New Hampshire · 1876