Scoby v. Blanchard
Superior Court of New Hampshire
This was a writ of entry, in which the demandant counted «pon his own seisin of a tract of land, in Windham, in this county, and upon a disseisin by the tenant.
Read the full summary
This was a writ of entry, in which the demandant counted «pon his own seisin of a tract of land, in Windham, in this county, and upon a disseisin by the tenant. The case was tried here, upon the general issue, at September term, 18.24, when it appeared in evidence, that one Robert Clarke, being seized of the demanded premises, on July 31, 1811, conveyed the same, by deed, to I). M. G., “ to hold the same to the said D. M. G., and his heirs, to “ his and their use forever the consideration being expressed in the deed to be paid by I). M. G,. and that D. Jlf, G., by deed, on the 15th March,…
1Opinion of the CourtRichardson, C. J.
It is contended on the part of the demandant, that the tenant could not be legally permitted to shew by parol evidence, that the consideration, which in Clarke's deed is expressed to have been paid by D. M. G. was in fact the money of D. Gregg, because the evidence goes to contradict the deed. We shall examine this objection, in the first place ; because if it be well founded, there is clearly an end of the tenant’s claim, which has no other foundation than the fact, that the land was bought writh D. Gregg's money.
There is in the books apparently considerable diversity of ©pinion upon the…
2Cases cited7 opinions
- Schemerhorn v. VanderheydenNew York Supreme Court · 1806
- Shephard v. LittleNew York Supreme Court · 1817
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
- Briggs v. DorrNew York Supreme Court · 1821
- Jackson ex dem. Benson v. MatsdorfNew York Supreme Court · 1814
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pritchard v. BrownSuperior Court of New Hampshire · 1828
- Kimball v. BlaisdellSuperior Court of New Hampshire · 1831
- Hadduck v. WilmarthSuperior Court of New Hampshire · 1830
- Pembroke v. AllenstownSuperior Court of New Hampshire · 1850
- Graves v. GravesSuperior Court of New Hampshire · 1854