Merrill v. Harris
Superior Court of New Hampshire
Writ of entry, brought to recover a tract of land in Holderness, in this county. The plaintiff claimed by virtue of a deed from the administratrix upon the estate of Susannah Fogg, late of Holderness, and introduced the following evidence to sustain his action: 1. Letter of administration, dated August 2,1850. 2. Commission of insolvency; same date. 3. Commission to appraisers; same date. 4. Return of inventory, dated August ‘18, 1850, embracing real estate, $275, and…
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Writ of entry, brought to recover a tract of land in Holderness, in this county. The plaintiff claimed by virtue of a deed from the administratrix upon the estate of Susannah Fogg, late of Holderness, and introduced the following evidence to sustain his action: 1. Letter of administration, dated August 2,1850. 2. Commission of insolvency; same date. 3. Commission to appraisers; same date. 4. Return of inventory, dated August ‘18, 1850, embracing real estate, $275, and personal, $14,48. 5. An application for license to sell real estate, dated August 20, 1850. The application states that the…
1Opinion of the CourtEastman, J.
It is contended on the part of the defendant that the nonsuit moved for upon the trial should have been granted; and for the reason, that the license which was granted by the probate court, and which laid the foundation of the plaintiff’s title, was illegally issued.
But such is not the conclusion to which we have arrived. The decisions of a judge of probate, regularly made, of matters within his jurisdiction, are, unless an appeal is interposed, conclusive against all the world. Bryant v. Allen, 6 N. H. Rep. 116; and numerous authorities there cited. This doctrine has been frequently…
2Cases cited4 opinions
- Bryant v. AllenSuperior Court of New Hampshire · 1833
- Judge of Probate v. BriggsSuperior Court of New Hampshire · 1829
- French v. HoytSuperior Court of New Hampshire · 1833
- Adams v. MorrisonSuperior Court of New Hampshire · 1827