Pritchard v. Brown
Superior Court of New Hampshire
This was a writ of entry, in which the demandant counted upon his own seizin of a tract of land in New-Ipswieh, and upon a disseizin by the tenant. The cause was tried here upon the general issue, at October term, 1827, when it was agreed, that James Sanderson was once seized in fee of the demanded premises.
Read the full summary
This was a writ of entry, in which the demandant counted upon his own seizin of a tract of land in New-Ipswieh, and upon a disseizin by the tenant. The cause was tried here upon the general issue, at October term, 1827, when it was agreed, that James Sanderson was once seized in fee of the demanded premises. Aud it appeared in evidence, that James Sander-son, by deed dated November 5, 1816, conveyed the same premises to Thomas Felt; and Felt, by deed dated March 31, 1820, conveyed the same to Samuel Lees, the consideration of which conveyance was expressed in the deed to be paid by Lees ; and…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
One of the questions, which arises in this case, is, whether as the consideration money in the deed from Pelt to Lees is expressed in that instrument to have been paid by Lees, it is competent to permit the tenant in this case, to show by parol evidence that the consideration was in fact paid by James Sanderson ? This question is the same with one of the questions decided in the case of Scoby v. Blanchard, 3 N. H. Rep. 170, but as there has been considerable diversity of opinion heretofore upon this question, we have thought that a…
2Cases cited9 opinions
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Steere v. SteereNew York Court of Chancery · 1820
- Jackson ex dem. Gilbert v. BurgottNew York Supreme Court · 1813
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- Jackson, ex dem. Humphrey v. GivenNew York Supreme Court · 1811
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Stone v. AshleySuperior Court of New Hampshire · 1842
- Burnham v. AikenSuperior Court of New Hampshire · 1833
- Burbank v. Rockingham Mutual Fire InsuranceSuperior Court of New Hampshire · 1852
- Edgerly v. SanbornSuperior Court of New Hampshire · 1833
- Jarvis v. BrooksSuperior Court of New Hampshire · 1853
13 more not listed; retrieve them via the Exa API.