Legal Opinion

Rand v. Dodge

Superior Court of New Hampshire

Decided July 15, 1845PublishedCited by 1 opinion

/Writ or Entry, to recover lot No. 20 in the third range of lots lying east of the Ammonoosuc river, in Bath. The tenant pleaded nul disseizin, and made also a claim for betterments. /The demandant offered in evidence a copy of the will of Jesse Johnson, dated on the 20th day of January, 1800, and proved on the 24th day of March, 1800, by which the testator authorized his executors, John Johnson and Haynes Johnson, to sell and dispose of any of his out-lands, not otherwise…

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/Writ or Entry, to recover lot No. 20 in the third range of lots lying east of the Ammonoosuc river, in Bath. The tenant pleaded nul disseizin, and made also a claim for betterments. /The demandant offered in evidence a copy of the will of Jesse Johnson, dated on the 20th day of January, 1800, and proved on the 24th day of March, 1800, by which the testator authorized his executors, John Johnson and Haynes Johnson, to sell and dispose of any of his out-lands, not otherwise disposed of, lying in Enfield, Bath, &c.; and he gave one third of the residue of his estate, after the payment of debts…

1Opinion of the CourtGilchrist, J.

This action was commenced by Philip C. Band, who afterward deceased, and it is now prosecuted by Bobert Band, who is his administrator. The deceased claimed, as the heir of Daniel Band, who died in *3541836, having derived his title from John R. Watkinson-, who conveyed to him, in 1823, one undivided half of the land described in the declaration. The entire tract was conveyed to Watkinson in 1809 by the Gallups. A deed was produced from the Johnsons, claiming under the will of their father, to the Gallups, and the will of the elder Johnson was also proved by a register’s copy. As no…

2Cases cited3 opinions

  1. Gibson v. BaileySuperior Court of New Hampshire · 1838
  2. Whittier v. VarneySuperior Court of New Hampshire · 1839
  3. Foster v. TrullNew York Supreme Court · 1815

3Cited by1 opinion

  1. Woods v. BlodgettSuperior Court of New Hampshire · 1846

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