Bailey v. March
Superior Court of New Hampshire
A tenant in a real action may, to disprove the demandant’s seisin, shew a title in a iiiird person. This was a writ of entry, in which demandant counted upon his own seisin of, ⅜ tract of land in Eaton, and upon a disseisin by the tenant.
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A tenant in a real action may, to disprove the demandant’s seisin, shew a title in a iiiird person. This was a writ of entry, in which demandant counted upon his own seisin of, ⅜ tract of land in Eaton, and upon a disseisin by the tenant. Teste of the writ, July 26, 1821. The cause was tried here, upon the general issue, at September term, 1822, and a verdict taken for the tenant, subject to the opinion of the court upon the following case : It was admitted by the parties, that one Joseph Ham being seized on the 6th July, 1796, conveyed the demanded premises to one Giles Richards, by deed.…
1Opinion of the CourtRichardson, C. J.
It is a general rule in ejectment, that the defendant may disprove the plaintiff’s right to recover, by shewing a title in a stranger. There are limitations and exceptions, but the rule is well settled. Buller's N. P. 110.— 2 Selwyn N. P. 666.—1 D. & E. 758, note.—4 D. & E. 682. Douglas 695, Doe vs. Pott.-3 John. 375, Klock vs. Hudson.—4 John. 202, Duncan vs. Harder.—6 John. 34, Smith vs. Stewart.—8 John. 487, Kimball vs. Van Slyck.— 10 John. 223, Jackson vs. Bush.—12 John. 182, Anderson vs. M'Leod.—14 John. 224, Brown vs. Ayers.—16 John. 200. And it has been settled that in a writ of entry,…
2Cases cited3 opinions
- Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
- Wolcot v. KnightMassachusetts Supreme Judicial Court · 1810
- Jackson ex. dem. Masten v. BushNew York Supreme Court · 1813
3Cited by5 opinions
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Bailey v. MarchSuperior Court of New Hampshire · 1825
- Bean v. MoultonSuperior Court of New Hampshire · 1831
- Hutchins v. CarletonSuperior Court of New Hampshire · 1849
- Smith v. EdminsterSuperior Court of New Hampshire · 1843