Legal Opinion

Lane v. Thompson

Supreme Court of New Hampshire

Decided December 15, 1861PublishedCited by 2 opinions

Trespass for breaking and entering, on divers days between the first day of January, 1840, and September 30, 1859, the date of the plaintiff’s writ, upon a certain lot of land in Swanzey and Richmond, alleged to be the estate of one Lucy Holbrook, deceased, on whose estate the plaintiff is administrator, and cutting down, and conveying away, and converting to his own use, certain pine trees and saplings there growing, belonging to the estate of said deceased; and a count for…

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Trespass for breaking and entering, on divers days between the first day of January, 1840, and September 30, 1859, the date of the plaintiff’s writ, upon a certain lot of land in Swanzey and Richmond, alleged to be the estate of one Lucy Holbrook, deceased, on whose estate the plaintiff is administrator, and cutting down, and conveying away, and converting to his own use, certain pine trees and saplings there growing, belonging to the estate of said deceased; and a count for taking and carrying away the same as the property of the administrator. Upon plea of general issue and the statute of…

1Opinion of the CourtBartlett, J.

Upon the death of Lucy Holbrook, her real estate descended to her heirs, subject to the statutory liability to sale for the payment of her debts, and to the administrator’s right to take the rents and profits if the estate should be insolvent. Bean v. Moulton, 5 N. H. 451. They could maintain trespass quare clausum, before entry. Dexter v. Sullivan, 34 N. H. 480. There is, therefore, no necessity for the maintenance of this action by the administrator for want of other remedy. At the date of the alleged trespass the plaintiff’ had no actual possession of the premises, and the right of…

2Cases cited1 opinion

  1. Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860

3Cited by2 opinions

  1. Fleming v. AikenSupreme Court of New Hampshire · 1974
  2. Carter v. JacksonSupreme Court of New Hampshire · 1876

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