Briggs v. Sholes
Superior Court of New Hampshire
Writ of entry, to recover possession of a tract of land in Claremont. The demandants counted upon their own seizin in fee, and upon a disseizin by the tenant.
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Writ of entry, to recover possession of a tract of land in Claremont. The demandants counted upon their own seizin in fee, and upon a disseizin by the tenant. The tenant filed an answer, or plea, setting forth, in the first place, that the plaintiffs’ writ of entry was founded on a mortgage deed, executed by the defendant to one Alexander Perkins, dated April 10, 1821, to secure the payment of a certain note of that date for $ 1150, in two years, with interest annually; which note and mortgage, on December 31st, 1828, became the property of James H. Bingham by assignment, and February 11,…
1Opinion of the CourtParker, C. J.
There is nothing on the record to entitle the plaintiffs to move for judgment.
The action is, in form, a common writ of entry, founded upon the plaintiffs’ own seizin. To this the defendant has filed a plea. If that plea were bad in form and substance, as it does not admit the plaintiffs’ right, they cannot ask judgment upon it, but, according to the usual practice, should either have moved to set it aside, or have answered it by demurrer or otherwise. 3 N. H. Rep. 116, Copeland vs. Jones; Ditto 119, Forbes vs. Marsh; 5 N. H. Rep. 151, Plummer vs. Drake; Ditto 556, S. C.; 6 N. H. Rep. 516,…
2Cases cited9 opinions
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Erskine v. TownsendMassachusetts Supreme Judicial Court · 1807
- Bickford v. DanielsSuperior Court of New Hampshire · 1819
- Copeland v. JonesSuperior Court of New Hampshire · 1824
- Williams v. LittleSuperior Court of New Hampshire · 1840
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3Cited by1 opinion
- McDaniel v. CaterSuperior Court of New Hampshire · 1850