Hutchins v. Heywood
Supreme Court of New Hampshire
Writ op Entry, by Mary C. D. Hutchins, plaintiff in review, against Henry Heywood, administrator of Samuel Wesson, to recover certain land in Lancaster village.
Read the full summary
Writ op Entry, by Mary C. D. Hutchins, plaintiff in review, against Henry Heywood, administrator of Samuel Wesson, to recover certain land in Lancaster village. Original writ dated June 25, 1866. Part of the demanded premises was conveyed by Joseph Chesman to Abel Wesson, April 15, 1828, and said Abel conveyed the same to Samuel Wesson, the intestate, November 25,1830. Another part was conveyed by Benjamin Hunting to said Samuel, October 11, 1834, and the remainder by Ephraim Cross to said Samuel, October 25, 1834. John Dewey recovered judgment against Asa Wesson, son of said Abel and brother…
1Opinion of the CourtFoster, J.
For the purposes of this case only, it being conceded that the facts are truly represented by the demandant, the question arises whether a creditor of Asa Wesson is entitled to satisfaction of his debt out of the estate which the deceased held in his lifetime, under cover, and secure against lawful claims and obligations, while enjoying to the fullest extent the avails, profits, and advantages of the property. And if it shall be found that the demandant has any remedy, the further question is, whether it may be pursued in the courts of law, or whether he must resort to proceedings in chancery.
2Cases cited4 opinions
- Webster v. CooperSupreme Court of the United States · 1853
- Jenkins v. PyeSupreme Court of the United States · 1838
- Durant v. RitchieU.S. Circuit Court for the District of Massachusetts · 1825
- Philips v. CrammondU.S. Circuit Court for the District of Pennsylvania · 1810
3Cited by1 opinion
- Hall v. CongdonSupreme Court of New Hampshire · 1875