Hoitt v. Webb
Supreme Court of New Hampshire
WRIT OF ENTRY, brought to recover a lot of land in Exeter, bounded south on Front street, 2 rods 5 feet; westerly on land of J. Batchelder, 6⅜ rods} northerly by land set off to said Eachel, (the tenant) as her dower in her late husband’s estate, 2 rods 2 feet; easterly by land of William Collins. Upon the general issue, the parties elected a trial by the court. The premises in question were part of the estate of Bobert Sharkey, deceased.
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WRIT OF ENTRY, brought to recover a lot of land in Exeter, bounded south on Front street, 2 rods 5 feet; westerly on land of J. Batchelder, 6⅜ rods} northerly by land set off to said Eachel, (the tenant) as her dower in her late husband’s estate, 2 rods 2 feet; easterly by land of William Collins. Upon the general issue, the parties elected a trial by the court. The premises in question were part of the estate of Bobert Sharkey, deceased. In the annexed plan, the real estate of Sharkey is designated by the letters A and B i South. From tbe time of bis marriage, October 3,1850, to bis death,…
1Opinion of the CourtEastman, J.
On the trial of this cause, the court found that the demandant had no title to the premises by virtue of the sale under the license from the probate court. This result, we take it, was arrived at by finding that the sale was made for the benefit of the demandant, by an arrangement between him and Kelly, the purchaser; as a sale thus made would be illegal. An administrator, who, under a license from the court of probate, advertises the real estate of his intestate for sale at public auction, and at the sale becomes himself the.highest bidder, cannot make a valid sale and conveyance of the…
2Cases cited3 opinions
- Church v. Marine Ins.U.S. Circuit Court for the District of Rhode Island · 1817
- Hills v. EliotMassachusetts Supreme Judicial Court · 1815
- Barker v. Marine Ins.U.S. Circuit Court for the District of Rhode Island · 1821
3Cited by6 opinions
- In Re Frolich EstateSupreme Court of New Hampshire · 1972
- In Re MirullaUnited States Bankruptcy Court, D. New Hampshire · 1994
- In Re BrizidaUnited States Bankruptcy Court, D. Massachusetts · 2002
- In Re MyersUnited States Bankruptcy Court, D. New Hampshire · 2005
- In Re SpringmannDistrict Court, District of Columbia · 2005
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