Tenney v. Evans
Superior Court of New Hampshire
Trover, for some cattle and farming tools. The action was commenced and made returnable at the September term, 1839, by the plaintiff, who was then a minor, and sued by David Termey, his guardian, against the defendant, who was then the sheriff of this county, alleging the conversion on the 23d of July, 1839. The piainnii became of age since the last continuance, and now prcs«cutes the suit in his own name.
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Trover, for some cattle and farming tools. The action was commenced and made returnable at the September term, 1839, by the plaintiff, who was then a minor, and sued by David Termey, his guardian, against the defendant, who was then the sheriff of this county, alleging the conversion on the 23d of July, 1839. The piainnii became of age since the last continuance, and now prcs«cutes the suit in his own name. At the trial on the general issue, it was admitted that one John Page, by deed executed on the 16th day of March, 1837, conveyed to the plaintiff and one Mary B. Clifford, then also a…
1Opinion of the CourtGilchrist, J.
The first question in this case arises upon the admission of the acts and declarations of the guardian in relation to the property. The case finds, that in order to prove that the guardian owned the property, evidence was received of his acts and declarations at the times when he purchased it, and at other times before the attachment, tending to show the fraudulent character of the transactions. This evidence is of two descriptions. That part of it which relates to the guardian’s declarations at other times than those when he bought the property, must be considered in reference to the…
2Cases cited9 opinions
- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
- Fox v. WhitneyMassachusetts Supreme Judicial Court · 1819
- Frear v. EvertsonNew York Supreme Court · 1822
- Sessions v. LittleSuperior Court of New Hampshire · 1838
- Ross v. KnightSuperior Court of New Hampshire · 1827
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