Legal Opinion

Weld v. Sabin

Superior Court of New Hampshire

Decided January 15, 1847Published

Petition, representing that Daniel Weld, on the 19th day of March, A. D. 1834, conveyed his farm, in Cornish, of the value of three thousand dollars, to his two sons, Daniel Weld, Jr., and Moses Weld; who, on the same day, re-conveyed the same farm to the petitioner and his wife, Lydia Weld, with a condition for the support of the petitioner and his wife, during their lives; and one of the conditions was that they might occupy such part of the dwelling-house as they might…

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Petition, representing that Daniel Weld, on the 19th day of March, A. D. 1834, conveyed his farm, in Cornish, of the value of three thousand dollars, to his two sons, Daniel Weld, Jr., and Moses Weld; who, on the same day, re-conveyed the same farm to the petitioner and his wife, Lydia Weld, with a condition for the support of the petitioner and his wife, during their lives; and one of the conditions was that they might occupy such part of the dwelling-house as they might deem needful for them; that the said Daniel Weld, Jr. and Moses Weld, afterwards, on. the 10th day of January, A. D. 1835,…

1Opinion of the CourtGilchrist, J.

It appears that proceedings were commenced by Sabin against the petitioner and another, under *536the Revised Statutes, chapter 209, providing an “ action against tenants.” It also appears that the defendants in the process suffered default through the omission of one of them, Daniel "Weld, Jr., to give the attention to the matter which he had promised the petitioner to give. The consequence has been that Sabin has taken out his writ of possession, and taken possession of the land by means of it. The petitioner having thus, through misfortune, failed to have a hearing of his cause, brings his…

2Cases cited2 opinions

  1. Borden v. BrownMassachusetts Supreme Judicial Court · 1810
  2. Stone v. DavisMassachusetts Supreme Judicial Court · 1817

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