Legal Opinion

Furbush v. Goodwin

Superior Court of New Hampshire

Decided December 15, 1852PublishedCited by 2 opinions

Trespass for breaking and entering the plaintiff’s close, situate in Somersworth, in this county, and digging up and carrying away the soil, &c.

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Trespass for breaking and entering the plaintiff’s close, situate in Somersworth, in this county, and digging up and carrying away the soil, &c. Plea, the general issue, with a brief statement of the following grounds of defence: 1. That said close was the soil and freehold of the defendant, he being seized and possessed of six-tenths thereof, in common, in fee and mortgage. 2. That said close was the soil and freehold of the defendant, he being seized and possessed of four-tenths thereof, in common, in fee and mortgage. 3. That said close was the soil and freehold of the defendant, he being…

1Opinion of the CourtWoods, J.

By means of the conveyance from James W. Lougee, whose title is admitted, to the plaintiff, and the reconveyance of the premises in question, together with other adjoining'lots, to said Lougee in mortgage, the plaintiff became seized of an equity of redemption in the same, which would enable him to maintain a writ of entry, or an action of trespass, against any person entering into the premises, excepting the said Lougee, the mortgagee, or some one claiming his rights, and entitled thereto by an assignment of the mortgage interest.

These conveyances were executed on the 30th of May, 1845.

At…

2Cases cited7 opinions

  1. Ellison v. DanielsSuperior Court of New Hampshire · 1840
  2. Harden v. FisherSupreme Court of the United States · 1816
  3. Bell v. MorseSuperior Court of New Hampshire · 1833
  4. Smith v. MooreSuperior Court of New Hampshire · 1840
  5. Rigney v. LovejoySuperior Court of New Hampshire · 1842

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Clark v. ClarkSupreme Court of New Hampshire · 1875
  2. Reed v. HatchSupreme Court of New Hampshire · 1875

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