Warner v. Eaton
Supreme Court of New Hampshire
Petition, for partition of a tract of land of which the plaintiff owns 7/32 and the defendant 25/32. Facts found by a master. August 29, 1908, Mrs. Frances W. Harris, the plaintiff’s mother, owned 25/32 of a homestead in Charlestown Village and held a life lease of 7/32 of the same, which the plaintiff owned. On that date she conveyed to the defendant and Helen M. Robertson, by warranty deed, a portion of this homestead.
Read the full summary
Petition, for partition of a tract of land of which the plaintiff owns 7/32 and the defendant 25/32. Facts found by a master. August 29, 1908, Mrs. Frances W. Harris, the plaintiff’s mother, owned 25/32 of a homestead in Charlestown Village and held a life lease of 7/32 of the same, which the plaintiff owned. On that date she conveyed to the defendant and Helen M. Robertson, by warranty deed, a portion of this homestead. The tract thereby conveyed is the land of which partition is asked. The defendant acquired Mrs. Robertson’s interest in 1909. At the time of Mrs. Harris’ deed the defendant…
1Opinion of the CourtParsons, C. J.
The plaintiff has not lost his title to 7/32 of the homestead which he owned in common with his mother at the date of her conveyance of a parcel thereof to the- defendant because of his failure to assert his title while the defendant improved the property. Clark v. Parsons, 69 N. H. 147. But her deed of the whole of a distinct parcel of the common property is good to the extent of her interest. P. S., c. 137, s. 18. Her deed is also valid against the plaintiff in partition unless the land conveyed or some portion of it is equitably required to give him his just share in the whole. Horner v.…
2Cases cited1 opinion
- Ford v. . KnappNew York Court of Appeals · 1886
3Cited by5 opinions
- Simpson-Fell Oil Co. v. Stanolind Oil & Gas Co.Texas Supreme Court · 1939
- Bartlett v. BartlettSupreme Court of New Hampshire · 1976
- Johnson v. MacIntyreCourt of Appeals of Maryland · 1999
- Roxbury v. WilleySupreme Court of New Hampshire · 1976
- Simpson-Fell Oil Co. v. Stanolind Oil & Gas Co.Texas Supreme Court · 1939