Underwood v. Campbell
Superior Court of New Hampshire
' Writ op Entry, to recover a tract of land in Litchfield, called the David Campbell farm. The action was brought on the 30th day of July, 1841, and the demandant claimed an interest in the land, as heir of Sally F. Underwood, deceased, who was the wife of John Underwood. The tenant pleaded mil disseizin, with a brief statement of the following matters in defence.
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' Writ op Entry, to recover a tract of land in Litchfield, called the David Campbell farm. The action was brought on the 30th day of July, 1841, and the demandant claimed an interest in the land, as heir of Sally F. Underwood, deceased, who was the wife of John Underwood. The tenant pleaded mil disseizin, with a brief statement of the following matters in defence. On the 10th day of September, 1828, John Underwood, and Ms wife Sally, in her right, being seized of a part of the demanded premises, in consideration of two hundred dollars advanced by the tenant for the use of the said Sally, and…
1Opinion of the CourtGilchrist, J.
The instrument referred to in this case cannot have the effect of an agreement to convey lands, because there is no consideration expressed in it. N. H. Laws 535, § 3, (Ed. of 1830;) Wain vs. Warlters, 5 East 10; Neelson vs. Sanborne, 2 N. H. Rep. 413. And parol evidence is not admissible to prove that the properly advanced by the tenant, as set forth in the brief statement, formed the consideration for the instrument. This point is settled by the case of Wain vs. Warlters, and the numerous decisions which have since been made in accordance with it.
We have held that an instrument cannot…
2Cases cited6 opinions
- Jackson ex dem. Salisbury v. FishNew York Supreme Court · 1813
- Wadsworth v. WendellNew York Court of Chancery · 1821
- French v. FrenchSuperior Court of New Hampshire · 1825
- Stone v. AshleySuperior Court of New Hampshire · 1842
- Smith v. ChamberlainSuperior Court of New Hampshire · 1822
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3Cited by3 opinions
- Quimby v. QuimbySupreme Court of New Hampshire · 1978
- Filip v. BogdanSupreme Court of New Hampshire · 1983
- Forsaith v. ClarkSuperior Court of New Hampshire · 1850