Legal Opinion · Concurrence

Carter v. Jackson

Supreme Court of New Hampshire

Decided March 22, 1876Published

From Carroll Circuit Court. Trespass, qu. cl. fr. The defendants were summoned to answer to 11 Sanborn B. Carter, of Ossipee, in said county, administrator of the estate of Adam Roberts, late of Tuftonborough, in said county, intestate, deceased, in a plea of trespass for that the said defendants, on the seventeenth day of July, 1874, with foi’ce and arms, broke and entered the plaintiff’s close, situate in said Tuftonborough, and cut down and carried away, and converted to…

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From Carroll Circuit Court. Trespass, qu. cl. fr. The defendants were summoned to answer to 11 Sanborn B. Carter, of Ossipee, in said county, administrator of the estate of Adam Roberts, late of Tuftonborough, in said county, intestate, deceased, in a plea of trespass for that the said defendants, on the seventeenth day of July, 1874, with foi’ce and arms, broke and entered the plaintiff’s close, situate in said Tuftonborough, and cut down and carried away, and converted to their own use, one ton of the plaintiff’s grass, of the value of $15, there growing, against the peace, &c.,to the…

1Concurrence

In Bergin v. McFarland, BELL, J., after stating that at common law the estate vested at once in the heirs, and that all which the administrators and executors could do with real estate was to sell by license for the payment of debts, and that until the estate was thus taken from them, the heirs had a right to the possession of the property, proceeds as follows: "An important change was made in these respects by the statute of 1829, substantially reenacted in the Revised Statutes. It is there provided that the administrator shall receive the rents and profits of the real estate in case the…

2Cases cited2 opinions

  1. Plumer v. PlumerSuperior Court of New Hampshire · 1855
  2. Bergin v. McFarlandSuperior Court of New Hampshire · 1853

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