Remick v. Butterfield
Superior Court of New Hampshire
This was a writ of entry to recover a parcel of land in Derry. The suit was commenced January 26,1852. Plea, the general issue, with a claim for betterments. It was admitted that Samuel Remick died, intestate, about December, 1837, lawfully seized of the demanded premises, and that his estate descended, in eight shares, to his heirs, of whom the demandant is one ; and she has also obtained deeds of all their rights, from six of the other heirs.
Read the full summary
This was a writ of entry to recover a parcel of land in Derry. The suit was commenced January 26,1852. Plea, the general issue, with a claim for betterments. It was admitted that Samuel Remick died, intestate, about December, 1837, lawfully seized of the demanded premises, and that his estate descended, in eight shares, to his heirs, of whom the demandant is one ; and she has also obtained deeds of all their rights, from six of the other heirs. The tenant gave iu evidence, first, a letter of administration from the judge of probate for the county of Rocking-ham to George W. Pinkerton, dated…
1Opinion of the CourtBell, J.
The positions of the plaintiff, that the letter of administration to G. W. Pinkerton is not sufficient evidence of his appointment as administrator, and that the decree of the judge of probate making the appointment, is the only proper evidence of that fact, has been argued with much ingenuity and plausibility. But the question is not new, and it has been settled by many decisions of the courts in England and in this country, which we do not feel ourselves called upon to disturb.
The result of these decisions is well stated in the 339th section of 1 Greenleaf’s Evidence, cited by the…
2Cases cited13 opinions
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Church v. Marine Ins.U.S. Circuit Court for the District of Rhode Island · 1817
- King v. ChaseSuperior Court of New Hampshire · 1844
- Barker v. Marine Ins.U.S. Circuit Court for the District of Rhode Island · 1821
- Perkins v. ThompsonSuperior Court of New Hampshire · 1825
8 more not listed; retrieve them via the Exa API.