Ladd v. Wiggin
Supreme Court of New Hampshire
Weit or ENTRY, to recover possession of a tract of land in Laconia, in this county. Plea, as to thirteen hundred and fifty-nine fifteen hundredths undivided parts of the premises demanded, non tenure, and as to the remaining one hundred and forty-one fifteen hundredths, nul disseizin and issue thereon, and nil dieitur as to the non tenure.
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Weit or ENTRY, to recover possession of a tract of land in Laconia, in this county. Plea, as to thirteen hundred and fifty-nine fifteen hundredths undivided parts of the premises demanded, non tenure, and as to the remaining one hundred and forty-one fifteen hundredths, nul disseizin and issue thereon, and nil dieitur as to the non tenure. It appeared in evidence that on the 1st of October, 1852, Newell Tilton, being seized of the demanded premises in fee, executed a mortgage thereof to one Daniel G-. Ladd, to secure the payment of a promissory note of that date for $350, given by Tilton to…
1Opinion of the Court
Fowleh, <T.
The levy of the defendant’s execution vested in him an actual seizin of the land levied upon, as against Newell Tilton and all persons claiming under him by title subsequent to the defendant’s attachment. All the title of Tilton in the premises levied upon, as between the parties, passed to the defendant by the levy. Upon this point the officer’s return was conclusive and not to be contradicted by any one. Brown v. Davis, 9 N. H. 78; Parker v. Guillow, 10 N. H. 103; Angier v. Ash, 6 Foster 105, and authorities; Swift v. Cobb, 10 Vt. 282; Gore v. Brazier, 3 Mass. 523; Blood v. Wood,…
2Cases cited19 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Gregory v. ThomasNew York Supreme Court · 1838
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
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3Cited by3 opinions
- Bowden v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1950
- Cadle Co. v. DejadonSupreme Court of New Hampshire · 2006
- Salvage v. HaydockSupreme Court of New Hampshire · 1896