Walker v. Walker
Supreme Court of New Hampshire
In Equity. Demurrer tothe bill in which the following facts are alleged: March 25, 1876, the plaintiff Nathan, by deed conveyed a farm in Durham to himself for life, and to the defendant John, after the death of Nathan; and the same instrument conveyed to John all the personal property of which the grantor should die possessed The deed provided that it should be void if John should neglect suitably to support Nathan on the farm, and this condition John has not performed.
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In Equity. Demurrer tothe bill in which the following facts are alleged: March 25, 1876, the plaintiff Nathan, by deed conveyed a farm in Durham to himself for life, and to the defendant John, after the death of Nathan; and the same instrument conveyed to John all the personal property of which the grantor should die possessed The deed provided that it should be void if John should neglect suitably to support Nathan on the farm, and this condition John has not performed. Prayer that the deed be declared void, and for general relief.
1Opinion of the Court
Doe, C. J
The necessity of a plenary remedy for the infringement of a legal right, accepted as a general rule of the common law (Edes v. Boardman, 58 N. H. 580, 590), authorizes the use of convenient procedure for ascertaining and establishing the right and obtaining the remedy. Metcalf v. Gilmore, 59 N. H. 417, 433-435; Webster v. Hall, 60 N. H. 7; Clough v. Fellows [ante 133, 134]. . As a real action is necessary for the recovery of land held by an undivided title, so a life estate and the remainder in fee may require one real action for the former and another for the latter. Although, in…
2Cases cited5 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Farwell v. RogersMassachusetts Supreme Judicial Court · 1868
- Morse v. MarshallMassachusetts Supreme Judicial Court · 1867
- Penniman v. HollisMassachusetts Supreme Judicial Court · 1816
- Stapleton v. DeeMassachusetts Supreme Judicial Court · 1882
3Cited by15 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Robbins v. SeekampSupreme Court of New Hampshire · 1982
- In re the Proposed New Hampshire Rules of Civil ProcedureSupreme Court of New Hampshire · 1995
- Roberts v. General Motors Corp.Supreme Court of New Hampshire · 1996
- Smith v. Bank of New EnglandSupreme Court of New Hampshire · 1897
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