Hatch v. Partridge
Supreme Court of New Hampshire
Trespass, for breaking and entering, on the first of January, 1837, the plaintiff’s close, in Stratford, in this county, being one third of the Noah Hatch farm, containing 805 acres, and from that time to October 1,1847, keeping the plaintiff out of possession of the same, whereby he was during all that time deprived of the use thereof. The plea is the general issue.
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Trespass, for breaking and entering, on the first of January, 1837, the plaintiff’s close, in Stratford, in this county, being one third of the Noah Hatch farm, containing 805 acres, and from that time to October 1,1847, keeping the plaintiff out of possession of the same, whereby he was during all that time deprived of the use thereof. The plea is the general issue. The parties submit this case to the opinion of the court upon the following statement of facts: Both claim title under the will of Noah Hatch, dated January 16,1826, by which he devised to his three sons, Leonard, Alpha, and Ira,…
1Opinion of the CourtBell, J.
This case has been once considered by the Superior Court, and it was then held that “ by the will the devisees were ■ made tenants in common. The devise to Leonard and Alpha was on condition that they should take Ira, and carry on his share, and see that he had his support out of it during his natural life. They had the right to the possession of it during his life. They were bound only to furnish him a support. They could not convey his interest, but only their own. Leonard Hatch undertook to convey the fee [of the whole,] to one third of which he had no title, and a recovery was rightfully…
2Cases cited2 opinions
- Erwin v. OlmstedNew York Supreme Court · 1827
- Carlisle Deposit Bank v. Rheem, Pennsylvania Court of Common Pleas, Cumberland County1872
3Cited by1 opinion
- Fifield v. BaileySupreme Court of New Hampshire · 1875