Cloutman v. Bailey
Supreme Court of New Hampshire
Case, for deceit in the sale of standing timber. The alleged deceit consisted in representing that the defendant was the owner in fee of the land on which the timber was standing, when in fact he was the owner of a life estate only. Facts found by a referee. The land on which the timber stood was devised to the defendant for life, remainder to his heirs in fee.
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Case, for deceit in the sale of standing timber. The alleged deceit consisted in representing that the defendant was the owner in fee of the land on which the timber was standing, when in fact he was the owner of a life estate only. Facts found by a referee. The land on which the timber stood was devised to the defendant for life, remainder to his heirs in fee. November 15, 1878,, the defendant conveyed to the plaintiff, by warranty deed containing the usual covenants of warranty, all the timber standing on the land, one foot or more in diameter, with the privilege of removal within three…
1Opinion of the Court
Smith J.
The defendant took a life estate in the land under the will. The rule in Shelley's ease, if it was ever adopted in this state, has been abolished so far as it applies to devises of real estate. G-. L., c. 193, s. 5.
The alleged deceit was, that the defendant represented that he was the owner in fee of the land on which the timber stood. The proof is, that both parties understood at the time of the eonveyance that the defendant owned only a life estate in the land. Not only no wilful deceit is shown, but the plaintiff was not deceived as to the defendant’s title. Hoitt v. Holcomb, 23 N.…
2Cited by1 opinion
- Opinion of the JusticesSupreme Court of New Hampshire · 1975