Russell v. Dyer
Supreme Court of New Hampshire
This is an action on the case, brought to recover the value of the White Mountain House, in Carroll, owned by the plaintiff, as he alleged, and burned by the defendants on the 29th day of April, 1853, while they were wrongfully in the possession thereof. The defence was, that at the time the house was consumed, the defendant, Dyer, was the owner of the premises.
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This is an action on the case, brought to recover the value of the White Mountain House, in Carroll, owned by the plaintiff, as he alleged, and burned by the defendants on the 29th day of April, 1853, while they were wrongfully in the possession thereof. The defence was, that at the time the house was consumed, the defendant, Dyer, was the owner of the premises. The plaintiff acquired his title by a deed from one D. Burnham, dated August 21, 1844. Before that time Dyer had commenced a suit against Burnham and attached said premises, then in Nash and Sawyer’s Location, an unincorporated place.…
1Opinion of the Court
Bell, C. J.*
This case was very carefully investigated by the late Justice Sawyer, to whose labors I am indebted for most of the views presented. In some other respects his opinion has been modified.
In Russell v.. Fabyan, 34 N. H. 218, it was held that the sale of the light of redemption, on Dyer’s second judgment, did' not exclude the plaintiff, as assignee of Burn-ham, from the right to redeem the premises from the extent under the first judgment, notwithstanding the sale might be held to pass the title, as against the prior deed from Burnham to the plaintiff', because of the fraudulent…
2Cases cited2 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Benson v. SmithSupreme Judicial Court of Maine · 1856
3Cited by4 opinions
- Rye Beach Village District v. BeaudoinSupreme Court of New Hampshire · 1974
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- Congregation of Sisters of St. Joseph v. GlassellSupreme Court of Louisiana · 1945
- Cahoon v. CoeSupreme Court of New Hampshire · 1876