Wendell v. Moulton
Superior Court of New Hampshire
Writ op entry, brought for the recovery of a tract of land in Lyman, in. this county, being part of lot No. 60, described at length in the writ. The defendant pleaded the - general issue, accompanied by a brief statement claiming betterments.
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Writ op entry, brought for the recovery of a tract of land in Lyman, in. this county, being part of lot No. 60, described at length in the writ. The defendant pleaded the - general issue, accompanied by a brief statement claiming betterments. The plaintiffs offered evidence tending to show that John Wendell, under whom they claim, was seized of the demanded premises in the year 1807; that in that year he agreed with one James Little, who had previously made improvements upon other lands of his, that if Little would give up those improvements he would give him twenty-five acres upon any other…
1Opinion of the CourtEastman, J.
In this case, several questions have been saved for the decision of this court, and we will consider them in the order presented.
The first question relates to the instructions requested to be given to the jury in regard to the interruption of Joseph Little’s possession in 1837. The verdict in the case was returned, not by the consent of the parties, as we understand was the fact when the cause was before this court at a previous time, but upon the consideration and finding of the jury.
The plaintiffs’ counsel desired the court to charge the jury as though the facts were all admitted, and as…
2Cases cited2 opinions
- Hale v. GliddenSuperior Court of New Hampshire · 1839
- Pray v. BurbankSuperior Court of New Hampshire · 1840
3Cited by3 opinions
- Forest v. JacksonSupreme Court of New Hampshire · 1876
- Roxbury v. WilleySupreme Court of New Hampshire · 1976
- Stark v. LancasterSupreme Court of New Hampshire · 1876