Cocheco Manufacturing Co. v. Whittier
Superior Court of New Hampshire
Writ of entry, wherein the plaintiffs demanded 2000 square feet of land, being all the land covered by a two story building, heretofore occupied as a carding and fulling mill.
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Writ of entry, wherein the plaintiffs demanded 2000 square feet of land, being all the land covered by a two story building, heretofore occupied as a carding and fulling mill. The defendant filed the general issue, and a brief statement, setting forth that on the 24th of February, 1819, the defendant was seized of the demanded premises, with other land included in certain specified boundaries, and of all the right which Winthrop Watson and Winthrop Watson, jr. on the first of February, 1819, had to the dam half way over the Cocheco river, with all the privileges, &c. — and that on said 24th…
1Opinion of the CourtParker, C. J.
It is not perfectly clear that the defendant could maintain his defence under these pleadings, even if his construction of the deed was correct. It has been fully settled that the general issue, pleaded in a writ of entry, admits the defendant to be in possession, claiming a freehold. 8 N. H. Rep. 477, Sperry vs. Sperry; 9 N. H. Rep. 168, Gibson vs. Bailey. The statute of July 2, 1831, authorizing the defendant, in all civil actions, to plead the general issue, and to give in evidence any special matter in defence of the action, upon filing a brief statement of it, does not apply to matter in…
2Cases cited5 opinions
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Sperry v. SperrySuperior Court of New Hampshire · 1837
- Woodward v. CowingMassachusetts Supreme Judicial Court · 1816
- Brown v. MiltimoreSuperior Court of New Hampshire · 1822
- Gibson v. BrockwaySuperior Court of New Hampshire · 1837
3Cited by4 opinions
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844
- Clough v. BowmanSuperior Court of New Hampshire · 1844
- Parker v. WaySuperior Court of New Hampshire · 1844
- Emerson v. WhiteSuperior Court of New Hampshire · 1854