Legal Opinion

Barnstead v. Alton

Supreme Court of New Hampshire

Decided December 15, 1855Published

Assumpsit, for the support of Almira H. Twombly and her two illegitimate daughters, paupers, alleged to have a settlement in Alton. The only point in dispute between the parties was as to the settlement of said Almira, which, if she had any, it was admitted was by derivation.

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Assumpsit, for the support of Almira H. Twombly and her two illegitimate daughters, paupers, alleged to have a settlement in Alton. The only point in dispute between the parties was as to the settlement of said Almira, which, if she had any, it was admitted was by derivation. On the trial, February term, 1855, it was admitted that said Almira was the daughter of Lemuel, Jr., and Abigail Twombly; that said Lemuel, Jr., was the son of Lemuel Twombly, who, prior to 1796, gained a settlement in Rochester, and that said Abigail, his wife, was the daughter of Nathaniel Iiayes, who at the time of…

1Opinion of the CourtFowler, J.

The case presents three questions for consideration. First, did the separation of the Hayes farm from Alton and its annexation to Barnstead, in 1840, transfer the settlement of Abigail Twombly, if she then had one in Alton through her father, from Alton to Barnstead ; secondly, did the act of 1841, *250abolishing the settlement of Abigail Twombly acquired upon her marriage, revive the settlement she previously had through her father, so that her descendants are now chargeable upon that settlement ; and thirdly, were the plaintiffs bound to prove that Lemuel Twombly acquired no settlement in this…

2Cases cited2 opinions

  1. Inhabitants of Groton v. Inhabitants of ShirleyMassachusetts Supreme Judicial Court · 1810
  2. Inhabitants of Salem v. Inhabitants of AndoverMassachusetts Supreme Judicial Court · 1807

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