Smith v. Lowell
Superior Court of New Hampshire
This was a writ of entry, brought to recover a tract of land in Hanover, in this county, and was tried upon the general issue, at May term, 1832, when it appeared in evidence, that one Benjamin Webster, being lawfully seized of the demanded premises, and being in debt and in embarrassed circumstances, on the 17th September, 1816, conveyed the same to one Silas Chandler.
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This was a writ of entry, brought to recover a tract of land in Hanover, in this county, and was tried upon the general issue, at May term, 1832, when it appeared in evidence, that one Benjamin Webster, being lawfully seized of the demanded premises, and being in debt and in embarrassed circumstances, on the 17th September, 1816, conveyed the same to one Silas Chandler. But Webster continued in possession of the land, and occupied the same, until some time in the spring of 1830. On the 12th May, 1830, the said Chandler conveyed the demanded premises to one Jesse Dewey, who, on the same day,…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
It docs not appear that either Dewey or the tenant have ever paid any thing for the land, or that the conveyance was made to Dewey before the land had been attached by the demandant. The tenant must, then, be considered as standing on the same ground upon which Chandler would have stood, if he had made no conveyance, and this suit had been brought against him.
And we are of opinion that the circumstances, that Webster was embarrassed with debts when he conveyed to Chandler,mid that he remained in. possession fourteen *69years after the…
2Cases cited3 opinions
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3Cited by8 opinions
- McConihe v. SawyerSuperior Court of New Hampshire · 1841
- Smith v. SmithSuperior Court of New Hampshire · 1841
- Towle v. HoitSuperior Court of New Hampshire · 1843
- Kimball v. FennerSuperior Court of New Hampshire · 1841
- Kendall v. FittsSuperior Court of New Hampshire · 1850
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