Brown v. Sceggell
Superior Court of New Hampshire
Trespass, quare clausum. The writ was dated January 23d, 1847, and was for a trespass committed on the 7th of January, 1847. The plea was the general issue, with notice that Sceggell was tenant in common of the locus in quo, and the other defendants were his servants, &c.
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Trespass, quare clausum. The writ was dated January 23d, 1847, and was for a trespass committed on the 7th of January, 1847. The plea was the general issue, with notice that Sceggell was tenant in common of the locus in quo, and the other defendants were his servants, &c. The plaintiff proved, that he had been in possession of the premises specified in the writ, being the shares set off to the defendant and a sister, out of the estate of their father, John Sceggell, jr., deceased, for the last five or six years. It appeared that said John Sceggell, jr. died, seised of the premises, leaving…
1Opinion of the CourtBell, J.
The plaintiff’s possession gives him a right to maintain this action against any person who cannot show a better title.
This is answered by the defendant’s evidence, that he was one of the co-heirs of John Sceggell, jr., deceased, who died seised of this property before 1828; and, as such, entitled to an undivided share of the premises.
The plaintiff replies to this, by proof designed to show, that, after the decease of John Sceggell, jr., his real estate was divided among his heirs by a decree of the Court of Probate, and the premises described in the writ were set off as the shares of the…
2Cases cited5 opinions
- Bryant v. AllenSuperior Court of New Hampshire · 1833
- Campbell v. WallaceSuperior Court of New Hampshire · 1841
- Poor v. PoorSuperior Court of New Hampshire · 1836
- Thompson v. CarrSuperior Court of New Hampshire · 1831
- French v. ShackfordSuperior Court of New Hampshire · 1830