Emery v. Dana
Supreme Court of New Hampshire
Bill in Equity, for partition and an accounting. The defendant answered and filed a cross-bill asking that his title be confirmed and that the deed under which the plaintiffs claim title be cancelled.
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Bill in Equity, for partition and an accounting. The defendant answered and filed a cross-bill asking that his title be confirmed and that the deed under which the plaintiffs claim title be cancelled. Trial at the May term, 1911, of the superior court before Chamberlin, J., who at the request of the parties stated the facts and, subject to exception, ruled upon the facts found that the plaintiffs’ bill be dismissed with costs and that they be required to execute a quitclaim deed of one half of the premises to the defendant, or that a decree be entered in favor of the defendant quieting his…
1Opinion of the CourtParsons, C. J.
The defendant Dana, having title to and being in legal possession of a farm upon which he was living with his wife’s father and mother, desired assistance in carrying it on and entered into an agreement with Gilbert E. Emery, his wife’s brother, by the terms of which Gilbert was to live on the farm, assist in carrying it on, pay one half of an existing mortgage indebtedness which represented the purchase price of the farm paid by Dana, and own one half the farm. Under this agreement, from 1885 to 1895, the brothers-in-law carried on the farm together, sharing in common the products of their…
2Cases cited6 opinions
- Town v. NeedhamNew York Court of Chancery · 1831
- Wainman v. . HamptonNew York Court of Appeals · 1888
- Jackson ex dem. Bratt v. TibbitsNew York Supreme Court · 1828
- Littlefield v. LittlefieldWisconsin Supreme Court · 1881
- Barrett v. ForneySupreme Court of Virginia · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Blanchard v. ReedSupreme Court of Oklahoma · 1917
- Sawin v. CarrSupreme Court of New Hampshire · 1974
- Weale v. Massachusetts General Housing Corp.Supreme Court of New Hampshire · 1977
- Emerson-Brantingham Implement Co. v. CookSupreme Court of Minnesota · 1925
8 more not listed; retrieve them via the Exa API.