Gage v. Gage
Supreme Court of New Hampshire
Appeal from a decree of the probate court accepting the report of a committee appointed to make partition of land owned in common by the parties in equal shares. Facts found by the court. The committee, without any fraud or corruption, but by mistake, made an unequal division of the estate, and set off to the appellee a portion of much greater value than to the appellant.
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Appeal from a decree of the probate court accepting the report of a committee appointed to make partition of land owned in common by the parties in equal shares. Facts found by the court. The committee, without any fraud or corruption, but by mistake, made an unequal division of the estate, and set off to the appellee a portion of much greater value than to the appellant. One of the reasons of appeal stated was, — “Because said committee, mistaking the law that should govern in such cases, took views-of the premises, and heard evidence, suggestions, and arguments bearing upon the question…
1Opinion of the CourtBlodgett, J.
While some of the objections to the report of the committee of partition have no validity, and others might be obviated by a recommitment, there is one at least which is fatal. It appears that among the lands subject to partition there was a tract of timber land, and that the committee, without the knowledge or consent of the plaintiff, employed one Barnard to examine the timber and give them his estimate of the quality and value; that he went with them upon the land (no others being present excepting that the plaintiff and his son saw them there, but not knowing the purpose for which Barnard…
2Cited by1 opinion
- Harmon v. HainesSupreme Court of New Hampshire · 1894