Eastman v. Martin
Superior Court of New Hampshire
Trespass quare clausum. There was a new assignment, setting forth the close in which, &c., and the plea of the general issue, with a brief statement of various matters of defence.
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Trespass quare clausum. There was a new assignment, setting forth the close in which, &c., and the plea of the general issue, with a brief statement of various matters of defence. The plaintiff gave in evidence a deed of the close, in which, &c. from Daniel Blaisdell to himself, dated November 24th, 1832, acknowledged on the same day, and recorded June 20th, 1843. It was a warrantee deed of a close, with the same boundaries described in the new assignment, and describing the close as “ undivided lands” and as “ meaning to convey all the undivided lands in Canaan within the above described…
1Opinion of the CourtGilchrist, C. J.
The defendant’s title is from Richard Wibird. The descents are as follows:
Richard Wibird.
Eliza Wibird m. Hunking Wentworth.
Sarah Wentworth m. John Penhallow.
Their children were
Benjamin,
Hunking,
Thomas W.,
Sarah,
Mary.
Benjamin and Hunking conveyed to Pearce.
Pearce conveyed to Susan, the wife of Benjamin.
Thomas W. left a son Thomas W.
The persons entitled would then be
Susan,
Thomas W.
Sarah,
Mary.
These persons conveyed to Daniel and James Pattee, on the 19th of January, 1836, and this deed is the foundation of the defendant’s title.
The question then arises, what is evidence that these grantors of the…
2Cases cited2 opinions
- Stanley v. GadsbySupreme Court of the United States · 1836
- Jackson ex dem. Walker v. FlintNew York Supreme Court · 1824
3Cited by3 opinions
- Ewell v. . EwellSupreme Court of North Carolina · 1913
- Ashe v. . PettifordSupreme Court of North Carolina · 1919
- Tyler v. FlandersSupreme Court of New Hampshire · 1876