Legal Opinion

Chesley v. Frost

Superior Court of New Hampshire

Decided February 15, 1818PublishedCited by 2 opinions

THIS was a writ of entry, wherein Chesley demanded five acres of land, situated in Durham, and counted upon his own seizin within twenty years, and upon a disseizin by the tenant.

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THIS was a writ of entry, wherein Chesley demanded five acres of land, situated in Durham, and counted upon his own seizin within twenty years, and upon a disseizin by the tenant. At the trial upon the general issue, here, at the last term, it was admitted that the demandant had been seized within twenty years ; but to prove that he had parted with the title, before the test of the writ, the tenant offered the following deeds in evidence: 1st. A deed, purporting to convey fifteen acres of land, so bounded as to include the demanded premises. This was from the demandant to one Thomas Chesley,…

1Opinion of the Court

Woodbury, J.,

delivered the opinion of the court.*

The admission made, and the evidence adduced, by the parties in this action, show the title of the demanded premises before the 29th of November, A. D. 1803, to have been vested in Joseph Cheslcy. He is, therefore, entitled to recover, unless Frost has produced competent testimony to shew that the interest of said Joseph was then, or afterwards, conveyed to Thomas Cheslcy, under whom he claims. To prove that the demandant did on that day part with all his interest in the premises, the defendant offered the deed of that date, described in the…

2Cases cited1 opinion

  1. Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806

3Cited by2 opinions

  1. Bullen v. RunnelsSuperior Court of New Hampshire · 1820
  2. Dow v. JewellSuperior Court of New Hampshire · 1846

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