Legal Opinion

Murray v. Emmons

Superior Court of New Hampshire

Decided July 15, 1849Published

Trespass for breaking and entering the plaintiff’s close, situated in Hill, in this county. It appeared in evidence that the plaintiff lived in a house upon the premises described in his writ, which was dated September 29th, 1848, and the trespass was alleged to have been committed by carrying away hay, &c., on the 20th of August, 1848. The plaintiff claimed to have a right to the premises, by virtue of a lease of the same to him from one Susanna Kinsman, dated April 19th,…

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Trespass for breaking and entering the plaintiff’s close, situated in Hill, in this county. It appeared in evidence that the plaintiff lived in a house upon the premises described in his writ, which was dated September 29th, 1848, and the trespass was alleged to have been committed by carrying away hay, &c., on the 20th of August, 1848. The plaintiff claimed to have a right to the premises, by virtue of a lease of the same to him from one Susanna Kinsman, dated April 19th, 1848, for one year, which was read in évidence, and was in due form. It appeared that said Susanna Kinsman was the…

1Opinion of the CourtWoods, J.

The defendant, Emmons, derives his title to the land in controversy from two several executions, extended upon distinct parts of it, the one in his own favor, and the other in favor of parties whose acquisition under the levy has been legally conveyed to him. Both executions were issued upon judgments against the plaintiff. Murray, while in possession of the land, claiming it as his own. He himself participated in one of the levies, by appointing an appraiser, and hired that part of the land set off upon the other, ftom the parties in whose favor it was made. The title of this plaintiff to…

2Cases cited1 opinion

  1. Ela v. CardSuperior Court of New Hampshire · 1820

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