Legal Opinion

Bell v. Twilight

Superior Court of New Hampshire

Decided July 15, 1853PublishedCited by 2 opinions

Writ of Entry. It appeared that Ebenezer Fitts was formerly owner of the demanded premises. The demandant introduced in evidence a life lease from said Fitts to Daniel Fitts and Hannah Fitts, and the survivor of them, dated July 19th, 1824, and recorded April 25th, 1836, and a deed from Hannah Fitts to the plaintiff, dated October 2,1844, which was after the decease of her husband.

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Writ of Entry. It appeared that Ebenezer Fitts was formerly owner of the demanded premises. The demandant introduced in evidence a life lease from said Fitts to Daniel Fitts and Hannah Fitts, and the survivor of them, dated July 19th, 1824, and recorded April 25th, 1836, and a deed from Hannah Fitts to the plaintiff, dated October 2,1844, which was after the decease of her husband. The tenant put in evidence, a deed to himself from the plaintiff, dated on the twenty-ninth day of April, 1837, a mortgage from Ebenezer Fitts to the plaintiff, dated on the twenty-ninth day of March, 1834, and…

1Opinion of the CourtWoods, J.

Hannah Fitts is shown to have had a life estate in the premises at the date of her deed to the plaintiff, namely, October 2d, 1844.- Bell then became seized of that estate in the land in virtue of her deed. That title or estate was derived from Ebenezer Fitts, July 19th, 1824, who was the owner of the fee at that date. Bell, then, is well enti*404tied to recover the possession of the land in this action, unless, from the other facts in the case, he is estopped from showing his title and relying upon it. Prior to the date of said deed of Hannah Fitts to Bell, said Ebenezer Fitts executed to Bell a…

2Cases cited8 opinions

  1. Jackson v. StackhouseNew York Supreme Court · 1823
  2. Jackson ex dem. Danforth v. MurrayNew York Supreme Court · 1815
  3. Loomis v. BedelSuperior Court of New Hampshire · 1840
  4. Jackson ex dem. Weidman v. HubbleNew York Supreme Court · 1824
  5. Kimball v. BlaisdellSuperior Court of New Hampshire · 1831

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3Cited by2 opinions

  1. Aure v. MacKoffNorth Dakota Supreme Court · 1958
  2. Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881

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