Legal Opinion

Nelson v. Pierce

Superior Court of New Hampshire

Decided July 15, 1833PublishedCited by 2 opinions

This was a writ of entry brought to recover lot No. 29, in the fourth sale in Bethlehem. The cause was tried in the court of common pleas, at May term, IS33, and a verdict taken for the tenants, subject to the opinion of the superior court, opon the following case. • '"On the 23d June, 1827, the executor of Joseph Whipple, deceased, by deed, conveyed the land demanded, to Jonathan Nelson, who, on the 5th July, in the same year, entered and took possession of the lot, and on…

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This was a writ of entry brought to recover lot No. 29, in the fourth sale in Bethlehem. The cause was tried in the court of common pleas, at May term, IS33, and a verdict taken for the tenants, subject to the opinion of the superior court, opon the following case. • '"On the 23d June, 1827, the executor of Joseph Whipple, deceased, by deed, conveyed the land demanded, to Jonathan Nelson, who, on the 5th July, in the same year, entered and took possession of the lot, and on the 12th March, 1829, conveyed the same to the demandant. The tenants claimed to hold the land, under a sale made by one…

1Opinion of the CourtRichardson, C. J.

delivered the opinion of the court.*

The first objection to the title, on which the tenants rely, is, that the evidence introduced was not sufficient to show a legal town meeting in Bethlehem, on the second Tuesday of March, 1828. This objection is well taken. It does not appear when, or where, the warrant for holding the meeting was posted up. The certificate *196of the selectmen is altogether insufficient. It should state the day when the warrant was posted up, and that it was posted up at a public place, which should be mentioned in the certificate.

Another objection to the title is, that the…

2Cited by2 opinions

  1. Bowles v. CloughSupreme Court of New Hampshire · 1875
  2. Jones v. FrenchSuperior Court of New Hampshire · 1846

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