Colby v. Poor
Superior Court of New Hampshire
Writ or Entry, to recover certain premises in Society Land. The writ was dated July 24, 1840, and entered at the August term in that year.
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Writ or Entry, to recover certain premises in Society Land. The writ was dated July 24, 1840, and entered at the August term in that year. The action was continued from term to term, until February, 1842, when the tenant pleaded the following alleged facts in bar of its farther maintenance, viz: that the demandant, in March, 1887, mortgaged the premises in question to one Woodbury, who subsequently assigned the mortgage to one Brown; that an entry to foreclose was made by Brown, November 26,1840, for breach of condition; that Brown contin-ued in actual peaceable possession for the space of…
1Opinion of the CourtParker, C. J.
The last position taken by the tenant does not seem to be sustained on the facts. The tenant does not appear to have had any title at the commencement of the suit, on the evidence stated. The demandant had been in possession with title, and might well maintain an action against any one but the mortgagee, or some one claiming under him, which it does not aj>pear the tenant did when the suit was instituted.
The tenant, then, if he will defend himself, must do so on his plea ; and the question is, whether, on the evidence, Brown did enter into peaceable possession of the premises, and hold the…
2Cases cited1 opinion
- Gilman v. HiddenSuperior Court of New Hampshire · 1829
3Cited by1 opinion
- Decano v. Hutchinson Sugar Co.Hawaii Supreme Court · 1962