Hovey v. Blanchard
Superior Court of New Hampshire
' Complaint, originally commenced before a magistrate, to recover possession of a tract of land in Bristol, under the act of July 1, 1831, providing further remedies for landlords and tenants.
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' Complaint, originally commenced before a magistrate, to recover possession of a tract of land in Bristol, under the act of July 1, 1831, providing further remedies for landlords and tenants. The defendant pleaded’ that he did not hold the house and tenement without law, and against the right of the said Hovey, because he said, that at the time of suing forth of the writ, the same was the house and tenement of Levi Bartlett and Jeremiah H. Prescott, and that he held and occupied as tenant under them. The plaintiff replied, that at the time of serving the writ the defendant was in possession…
1Opinion of the CourtParker, C. J.
The relation of landlord and tenant never existed between these parties. Levi H. Morgan was formerly the owner of the premises. The plaintiff endeavors to make his title under an attachment, and a levy of the execution upon the land, as the property of Morgan. The defendant is in possession as lessee of Bartlett and Prescott, who claim under a deed from Morgan, executed prior to the attachment, but not recorded until a subsequent day. The title set up by the plaintiff is, therefore, adverse to that under which the defendant holds, and the latter might have defeated the process upon that…
2Cited by4 opinions
- Curtis, Collins & Holbrook Co. v. United StatesSupreme Court of the United States · 1923
- Brannon v. MayIndiana Supreme Court · 1873
- Morrison v. TenneySuperior Court of New Hampshire · 1844
- Presby v. ParkerSupreme Court of New Hampshire · 1876