Forsaith v. Clark
Superior Court of New Hampshire
Writ or Entry. The demandant claimed one undivided balf of that part of lot No. 51, in tbe ninth range and fourth division of lots in Chester, laid out to the right of Jonathan Kim-ball, which now lies in Hookset, bounded, &e. Under the general issue the demandant offered in evidence a copy of a record of the charter of the town of Chester, from the office of the Secretary of State.
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Writ or Entry. The demandant claimed one undivided balf of that part of lot No. 51, in tbe ninth range and fourth division of lots in Chester, laid out to the right of Jonathan Kim-ball, which now lies in Hookset, bounded, &e. Under the general issue the demandant offered in evidence a copy of a record of the charter of the town of Chester, from the office of the Secretary of State. The tenant objecting that such copy was inadmissible without proof that the original was lost, the demandant proved, by the town clerk of Chester, that no such document was in the town clerk’s office. The tenant…
1Opinion of the CourtEastman, J.
The demandant, Esther Eorsaith, seeks to establish her claim to the premises in dispute as child and heir of Tolford Eorsaith. She endeavors to trace her title from the original charter of the town of Chester, which formerly embraced the territory in controversy, down through various channels to her father. The title being unaccompanied by any acts of possession on the part of those from whom the property descends, is a mere legal one ; and its validity, therefore, depends upon the perfectness with which the chain of title is made out. No counter title is put in on the part of the tenant, and…
2Cases cited28 opinions
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. AlburgerSupreme Court of Pennsylvania · 1836
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Rossiter v. ChesterMichigan Supreme Court · 1843
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