Baker v. Haskell
Supreme Court of New Hampshire
The questions tin this case arose upon the report of a referee. That part of the report which as material to an understanding of the points is as follows.: “ I find that the plaintiff, Mary Baker, being the wife of the other plaintiff, Abel W. Baker, was in her own right a cotenant w'th the defendant, Joseph Haskell, each of an undivided eighth part of the real estate described in the plaintiffs’ declaration, from April 18, 1865, to the date of plaintiffs’ writ, subject to a…
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The questions tin this case arose upon the report of a referee. That part of the report which as material to an understanding of the points is as follows.: “ I find that the plaintiff, Mary Baker, being the wife of the other plaintiff, Abel W. Baker, was in her own right a cotenant w'th the defendant, Joseph Haskell, each of an undivided eighth part of the real estate described in the plaintiffs’ declaration, from April 18, 1865, to the date of plaintiffs’ writ, subject to a right of dower (not set off) of their mother, widow Ruth Haskell, in said real estate, and that the defendant held the…
1Opinion of the CourtSmith, J.
As we understand it, the estate of Joseph Haskell, Senior, though administered in the insolvent form, was in fact solvent. The debts appear to have been paid without resorting to a sale of this real estate and without taking the rents and profits of the same. The administrator’s account has been settled; no mention is made of any attempt to charge him for the rents ; and the time for appeal has now expired. It does not appear that the administrator makes any objection to this action, nor that he has ever taken actual possession of these premises or prevented any of the heirs from taking the…
2Cases cited1 opinion
- Morris v. SmithTennessee Supreme Court · 1849
3Cited by2 opinions
- Carter v. JacksonSupreme Court of New Hampshire · 1876
- Carter v. JacksonSupreme Court of New Hampshire · 1876