Lyford v. Dunn
Supreme Court of New Hampshire
Petition for Partition, and a trial of issues framed in the Superior Court. A verdict was taken for the plaintiff, subject to be set aside, and verdict and judgment entered for the defendants, or such other order made in the matter as th.e court might determine upon the following facts: In 1835 Andrew Gilman owned lots 11, 12,13,14 and 15, in the 13th range, in the town of Carroll.
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Petition for Partition, and a trial of issues framed in the Superior Court. A verdict was taken for the plaintiff, subject to be set aside, and verdict and judgment entered for the defendants, or such other order made in the matter as th.e court might determine upon the following facts: In 1835 Andrew Gilman owned lots 11, 12,13,14 and 15, in the 13th range, in the town of Carroll. Charles Woodman, having a judgment against Gilman, sued it, and on the 17th of November, 1846, attached those lots. The action was entered at the February term of the Court Of Common Pleas, Belknap County, 1847,…
1Opinion of the CourtPerley, C. J.
The Revised Statutes, chapter 161, section 8, provide that no action shall be commenced or prosecuted against an administrator, when the estate is decreed to be administered as an insolvent estate; and by section 31, of chapter 184, it is enacted that attachments shall be dissolved by the death of the defendant, in case his estate shall be decreed to be administered as an insolvent estate, but not otherwise, if the cause of action by law survives.»
After the death of Gilman, his administrator, at February term, 1848, came in and assumed the defence of the action, and continued to defend until…
2Cases cited9 opinions
- Martin v. HawksNew York Supreme Court · 1818
- Hoyt v. Gelston & SchenckNew York Supreme Court · 1816
- M'Neil v. BrightMassachusetts Supreme Judicial Court · 1808
- Colbourn v. RossiterSupreme Court of Connecticut · 1818
- Banister v. HigginsonSupreme Judicial Court of Maine · 1838
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