Hadduck v. Wilmarth
Superior Court of New Hampshire
This was a writ of entry brought to recover a tract of land in Lime, in this county, and was tried here upon the general issue at November term, 1828. it was agreed, that one J. B. Pel ton, was once seized of the demanded premises ; and the demandant claimed the land under said Felton’s deed, dated February 23, 1827. The tenant then offered in evidence a deed, made by Thomas Page, as deputy collector of taxes of the United States, which purported to convey the demanded…
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This was a writ of entry brought to recover a tract of land in Lime, in this county, and was tried here upon the general issue at November term, 1828. it was agreed, that one J. B. Pel ton, was once seized of the demanded premises ; and the demandant claimed the land under said Felton’s deed, dated February 23, 1827. The tenant then offered in evidence a deed, made by Thomas Page, as deputy collector of taxes of the United States, which purported to convey the demanded premises to one Edward Howard, and was dated the 16th February, 1819. He then showed in evidence the deed of the said Howard,…
1Opinion of the Court
Argument on the part of the demandant.
Was the instruction given by the court to the jury in relation to the waiver correct in point of law ?
This instruction can be sustained only on the ground, that the agreement between Howard and Pelton operated as a change of title, and passed the title of Pelton ; or that it operated as an estoppel to him to set up his title afterwards. 2 N. H. Rep. 33, Atherton v. Johnson. This agreement could, at most, amount to no more than an executory agreement to release. 2 Johns. Cases, 223; 7 Johns. Rep. 285; 10 ditto, 246; 9 ditto, 330 and 35; 13 ditto, 235; 3…
2Cases cited9 opinions
- Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
- Jackson ex dem. Gilbert v. BurgottNew York Supreme Court · 1813
- Hughes v. MooreSupreme Court of the United States · 1812
- Williams v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1809
- Bayard v. MalcolmNew York Supreme Court · 1807
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Marston v. BrackettSuperior Court of New Hampshire · 1838
- George v. GreenSuperior Court of New Hampshire · 1843
- Bell v. TwilightSuperior Court of New Hampshire · 1851
- Stevenson v. ChapmanSuperior Court of New Hampshire · 1842