Chapin v. School District Number Two in Winchester
Supreme Court of New Hampshire
Writ of Entry. Plea, nul disseizin. The canse was committed to a commissioner, who made report in substance as follows : Both parties claimed title in the demanded premises under one Daniel Hawkins. On the 24th day of August, 1855, the said Horace Chapin, for himself and Ann, his wife, who was a grand-daughter of Hawkins, and heir at law to one eighteenth part of his estate, duly entered upon and claimed the demanded premises in her right.
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Writ of Entry. Plea, nul disseizin. The canse was committed to a commissioner, who made report in substance as follows : Both parties claimed title in the demanded premises under one Daniel Hawkins. On the 24th day of August, 1855, the said Horace Chapin, for himself and Ann, his wife, who was a grand-daughter of Hawkins, and heir at law to one eighteenth part of his estate, duly entered upon and claimed the demanded premises in her right. The said Daniel Hawkins, by his deed dated May 8, 1806, “ for and in consideration of helping to support and maintain a school for the purpose of teaching…
1Opinion of the CourtEastmaN, J.
The only question presented by the commissioner to whom this case was referred, relates to the forfeiture of the estate. Other questions, however, have been raised by the argument, as arising upon the facts reported; and these it is perhaps necessary to consider, in order fully to determine the rights of the parties.
The position that the estate has been forfeited, rests upon the ground that the conveyances were upon conditions, and that these conditions have not been kept; or else that the estate conveyed was one upon limitation.
The conveyance of the forty-acre lot, on the 8th of May, 1806,…
2Cases cited1 opinion
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