Ritchie v. Glover
Supreme Court of New Hampshire
Hillsborough County. Action under the landlord and tenant act to recover the possession of a certain tenement in Manchester. It was originally commenced in the police court, where the defendant pleaded soil and freehold, and it was transferred to this court.
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Hillsborough County. Action under the landlord and tenant act to recover the possession of a certain tenement in Manchester. It was originally commenced in the police court, where the defendant pleaded soil and freehold, and it was transferred to this court. At this term the defendant, by leave of the court, filed the plea of nul disseizin, and also the following: And for a further plea, by leave of the court, the said defendant says the plaintiff her action aforesaid thereof against him ought not to have and maintain, because, he says, thiat on April 21,1875, one James Ritchie, Jr.,husband…
1Concurrence
The defendant complains that she is entitled to the possession of a certain tenement; that the defendant was duly notified in writing to quit the same, vet is still in possession thereof without right. She does not set out the particulars or origin of her title. What title she intends to rely upon does not appear. The defendant cannot set up a particular title for her, allege that the claims under that title, and plead matter of estoppel to bar a recovery under it. Whittemore v. Shaw, 8 N.H. 393; Potter v. Baker, 19 N.H. 166; Hunt v. Haven, 52 N.H. 162.
If the plaintiff claiming under a deed…
2Cases cited3 opinions
- Hunt v. HavenSupreme Court of New Hampshire · 1872
- Whittemore v. ShawSuperior Court of New Hampshire · 1836
- Potter v. BakerSuperior Court of New Hampshire · 1848