Meserve v. Meserve
Superior Court of New Hampshire
Trespass, quare clausum, for breaking and entering the plaintiff’s close, situated in Dover, in this county, containing fourteen acres, and cutting and carrying away a quantity of pine wood. The writ was dated January 1st, 1847. There was a second count in the writ, for taking and carrying away a quantity of pine wood.
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Trespass, quare clausum, for breaking and entering the plaintiff’s close, situated in Dover, in this county, containing fourteen acres, and cutting and carrying away a quantity of pine wood. The writ was dated January 1st, 1847. There was a second count in the writ, for taking and carrying away a quantity of pine wood. The plea was the general issue, with a brief statement, alleging that the locus in quo had been assigned to the defendant, as her dower, in lands belonging to her late husband, Ebenezer Meserve. It appeared on the trial, that Ebenezer Meserve died in 1842, having made his will,…
1Opinion of the CourtWoods, J.
It may not be necessary, in this case, to determine whether the defendant was dowable or not of the land in controversy. If the question had fairly arisen between the parties having a right to litigate it; for example, had the defendant here preferred her claim of dower, and the heirs, residuary legatee, or others having an interest adverse to her claim, resisted it, she must, in order to sustain it, have shown the land to have answered the description given in the statute, of lands subject to dower. That the land was in a state of cultivation, or used and kept as a wood or timber lot, and…
2Cases cited2 opinions
- Pinkham v. GearSuperior Court of New Hampshire · 1825
- Johnson v. PerleySuperior Court of New Hampshire · 1819