Legal Opinion

Montgomery v. Dorion

Superior Court of New Hampshire

Decided July 15, 1833PublishedCited by 9 opinions

Petition for partition. The petitioner alleged that she was seized of three undivided fourth parts of a certain tract of land in Haverhill, in this county, as tenant in common with the respondent, and prayed that partition might be made. The petitioner attempted to derive her title from one Nicholas Dorian.

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Petition for partition. The petitioner alleged that she was seized of three undivided fourth parts of a certain tract of land in Haverhill, in this county, as tenant in common with the respondent, and prayed that partition might be made. The petitioner attempted to derive her title from one Nicholas Dorian. She produced a power of attorney, signed by sundry persons who claimed to be heirs of three fourths of the estate of said Nicholas, dated September 24, 1827, authorizing one Isaac Winslow, to sell and convey their interest in any lands in New-Harnp-shire. The power of attorney was not…

1Opinion of the Court

Parker, J-,

delivered the opinion of the court. No-objection is made, in this case, to the form of the deed itself under which the petitioner clasmsdor to its due authentication, provided it appears that Winslow was duly-constituted the attorney of the grantors in that deed-hut it is contended,that there having been no acknowledgment, of the power of attorney,under which he acted, by the grantors, according to the provisions of our statute, the case shows no sufficient authority in him to execute the deed.

The statute of 1791, declaring the mode of conveyance by deed, enacted, that when any…

2Cases cited2 opinions

  1. Southerin v. MendumSuperior Court of New Hampshire · 1831
  2. Jackson ex dem. Hunter v. PageNew York Supreme Court · 1830

3Cited by9 opinions

  1. Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
  2. Wark v. WillardSuperior Court of New Hampshire · 1843
  3. Brown v. ManterSuperior Court of New Hampshire · 1851
  4. Patience Montgomery v. DorionSuperior Court of New Hampshire · 1835
  5. Salvage v. HaydockSupreme Court of New Hampshire · 1896

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