Legal Opinion

Leavitt v. Benzing

Supreme Court of New Hampshire

Decided July 2, 1951No. 4051PublishedCited by 5 opinions

1Opinion of the CourtDuncan, J.

In Eastman v. Barnes, 62 N. H. 630, 631, an appeal from a decree accepting a report of a committee of partition, it was stated that to justify reversal of such a decree “it is not sufficient to allege that the committee erred in their finding of facts so that the division made by them is unequal or unjust, or unsuitable or inconvenient: fraud or its equivalent must be charged. Doughty v. Little, 61 N. H. 365, 368, 369. Their proceedings, being regular, cannot be set aside unless they ‘were influenced by passion, prejudice, partiality, or corruption, or unwittingly fell into a plain mistake.’…

2Cases cited1 opinion

  1. Blanchard v. CrossSupreme Court of Vermont · 1924

3Cited by5 opinions

  1. DeLucca v. DeLuccaSupreme Court of New Hampshire · 2005
  2. Haggerty v. NoblesOregon Supreme Court · 1966
  3. Berg v. KremersNorth Dakota Supreme Court · 1970
  4. In Re BelyeaUnited States Bankruptcy Court, D. New Hampshire · 1999
  5. Simeon Bruner v. Bradford Gee & Town of ChittendenSupreme Court of Vermont · 2023

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