Whitney v. Swett
Superior Court of New Hampshire
Trespass for breaking and entering the plaintiff’s bouse in Exeter, and throwing bis furniture out of the bouse upon tbe ground, and expelling and keeping out tbe plaintiff and his family from the bouse. Plea, tbe general issue, with a brief statement that tbe bouse was tbe close of tbe defendant, and that tbe plaintiff not being then in tbe actual possession thereof, the defendant entered and carefully removed tbe property, doing no unnecessary damage.
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Trespass for breaking and entering the plaintiff’s bouse in Exeter, and throwing bis furniture out of the bouse upon tbe ground, and expelling and keeping out tbe plaintiff and his family from the bouse. Plea, tbe general issue, with a brief statement that tbe bouse was tbe close of tbe defendant, and that tbe plaintiff not being then in tbe actual possession thereof, the defendant entered and carefully removed tbe property, doing no unnecessary damage. On tbe trial, it was admitted that tbe defendant owned tbe bouse. Tbe plaintiff offered in evidence a receipt to tbe following effect: “…
1Opinion of the CourtBell, J.
No estate or interest in lands can be created or conveyed without writing, but an estate at will. N. H. Rev. Stat. ch. 130, <§> 12. It is therefore immaterial how the existence of a tenancy is shown, whether by parol evidence, or by written instruments, as receipts for rent, or the like; the right of the tenant, whatever might seem to be the actual contract of the parties, is nothing but a tenancy at will unless it can be shown, that some other or higher interest or estate, as a tenancy for life or years, was created or conveyed by writing. The rilling of the Court was therefore correct,…
2Cases cited2 opinions
- State v. MooreSuperior Court of New Hampshire · 1841
- Barrett v. WhiteSuperior Court of New Hampshire · 1825
3Cited by3 opinions
- Plaistow Bank & Trust Co. v. WebsterSupreme Court of New Hampshire · 1981
- State v. WaltonSupreme Court of Rhode Island · 1992
- City of Dover v. B C P RealtySupreme Court of New Hampshire · 1972