Pike v. Bagley
Superior Court of New Hampshire
This was a writ, of entry. The tenant pleaded in abatement of the writ the following plea. “And the said Judith Bagley comes and defends when, where, &e. and prays judgment of the said writ because she says she is not tenant of the demanded premises as of freehold nor was on the day of the purchase of the. said writ nor at any time afterwards nor ever had. nor claimed to have, nor docs she now claim, to have anything in‘the-'demanded premises but wholly disclaims to have any…
Read the full summary
This was a writ, of entry. The tenant pleaded in abatement of the writ the following plea. “And the said Judith Bagley comes and defends when, where, &e. and prays judgment of the said writ because she says she is not tenant of the demanded premises as of freehold nor was on the day of the purchase of the. said writ nor at any time afterwards nor ever had. nor claimed to have, nor docs she now claim, to have anything in‘the-'demanded premises but wholly disclaims to have any thing in the same premises and this she is ready to verify, &c. wherefore, &c.” To this plea the demandant demurred and…
1Opinion of the CourtRichardson, C. J.
The question is, whether Ihc plea in this ease is sufficient to abate the demandant’s writ. It is well settled that in these dilatory pleas the greatest precision is necessary and if they are found defective even in form they cannot be adjudged good. The form of a plea of nontenure as given by ilastal 40-1, is this : Et predictus T. B. per W. B. altornatum mum venit et defen-dit jus suum quando, ⅜¾. Et dicit quod ipse lenementa predicta cum pértinéntibus préfdto W. I. reddere non potest; quia dicit quod ipse non est tenens corundem tenemehtorum ut de libero ten-emento nec fuit die…
2Cited by3 opinions
- Goodall v. DurginSuperior Court of New Hampshire · 1844
- Baker v. BrownSuperior Court of New Hampshire · 1847
- Jackson ex dem. Butler v. WidgerNew York Supreme Court · 1827