Burnham v. Aiken
Superior Court of New Hampshire
This was a writ of entry brought to recover a tract of land in Chester, and was tried upon the general issue, at the last August term of the common pleas, in this county, and a verdict taken, by consent, for the [demandant, subject to the opinion of this court upon the following case. John Coffin was seized, in fee, of the demanded premises, before, and at the time of the extent, hereafter mentioned.
Read the full summary
This was a writ of entry brought to recover a tract of land in Chester, and was tried upon the general issue, at the last August term of the common pleas, in this county, and a verdict taken, by consent, for the [demandant, subject to the opinion of this court upon the following case. John Coffin was seized, in fee, of the demanded premises, before, and at the time of the extent, hereafter mentioned. The demandant having an execution in his own favor, against the said John Coffin, Abraham Towle, and others, for $1802, debt, and $17,47 costs of suit, on the 1st February, 1830, caused the same…
1Opinion of the CourtRichardson, C. J.
delivered the opinion of the court.*
It is said that the tenants in this case are entitled to a new trial, because nothing passed by the extent, under which the demandant claims to hold the land.
Three exceptions have been taken to the extent.
In the first place it is said, that the officer who made the extent charged illegal fees and that a part of the land has been taken to satisfy those illegal fees. And there seems to he no doubt that this exception is well founded in point of fact. Some of the charges are clearly beyond what the statute allows for the services on account of which they are…
2Cases cited1 opinion
- Pritchard v. BrownSuperior Court of New Hampshire · 1828
3Cited by3 opinions
- Camp v. BatesSupreme Court of Connecticut · 1838
- Burnham v. CoffinSuperior Court of New Hampshire · 1835
- French v. EatonSuperior Court of New Hampshire · 1844