Barker v. Jones

It is agreed that one fifth of the title passed to the plaintiff by estoppel. Robertson v. Wilson, 38 N. H. 48. And he is entitled to partition without entry, actual possession, or judgment in a writ of entry, and notwithstanding the defendant’s actual and exclusive possession. The plaintiff’s title and right of possession are sufficient for the maintenance of this action without a technical seizin not included in his title and right. In this state the ancient doctrine of entry and seizin is largely obsolete. The plaintiff claims another fifth under a levy of an execution on a mortgagor’s…