Moore v. Kidder
Supreme Court of New Hampshire
Writ op entry, to recover a tract of land in East Kingston. Plea, nul disseizin. The plaintiff offered in evidence a deed from Ezra P. Downing to her, dated October 22, 1872, and recorded November 9, 1872; also, a deed from Harry Downing to Ezra P. Downing, dated March 9, 1871, and recorded November 9, 1872; also, a deed from Samuel L. Blaisdell to Harry Downing, dated October 19,1869, and recorded November 9,1872, — all conveying the demanded premises, of which it was…
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Writ op entry, to recover a tract of land in East Kingston. Plea, nul disseizin. The plaintiff offered in evidence a deed from Ezra P. Downing to her, dated October 22, 1872, and recorded November 9, 1872; also, a deed from Harry Downing to Ezra P. Downing, dated March 9, 1871, and recorded November 9, 1872; also, a deed from Samuel L. Blaisdell to Harry Downing, dated October 19,1869, and recorded November 9,1872, — all conveying the demanded premises, of which it was admitted that said Blaisdell was in possession at the time of his conveyance. The defendants offered in evidence a levy made…
1Concurrence
As between Downing and these defendants the attachment was undoubtedly valid, and gave them a perfect lien for their claim then in suit. The plaintiff, however, claims that, as between her and the defendants, Harry Downing did not own the premises, and had no title or interest therein, and therefore that the defendants took nothing by their attachment, and consequently took nothing by their levy. The question is, whether, as between the parties to this suit, the premises are deemed to have been the estate of Harry Downing, liable to attachment for his debts; and I think the question must be…
2Cases cited7 opinions
- Earle v. FiskeMassachusetts Supreme Judicial Court · 1870
- Howard v. DanielsSuperior Court of New Hampshire · 1819
- Bryant v. OsgoodSupreme Court of New Hampshire · 1872
- Stowe v. MeserveSuperior Court of New Hampshire · 1842
- Boyce v. Cheshire RailroadSupreme Court of New Hampshire · 1862
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