Dame v. Wingate
Superior Court of New Hampshire
Writ of entry, to recover a tract of land in Rochester. Plea, the general issue. The writ was dated on the fourth day of January, A. D. 1841. It was admitted that the demanded premises were a part of a close described in an action of trespass quare clausum fregit, brought by one Roberts against the demandant and one James Dame, in the month of July, 1837. The plea in that action was soil and freehold' in the demandant, to which Roberts replied soil and freehold in himself,…
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Writ of entry, to recover a tract of land in Rochester. Plea, the general issue. The writ was dated on the fourth day of January, A. D. 1841. It was admitted that the demanded premises were a part of a close described in an action of trespass quare clausum fregit, brought by one Roberts against the demandant and one James Dame, in the month of July, 1837. The plea in that action was soil and freehold' in the demandant, to which Roberts replied soil and freehold in himself, and concluded with a technical traverse of soil and freehold in the demandant, who reaffirmed his plea, and tendered an…
1Opinion of the CourtGilchrist, J.
In this case, the demandant rests his right to recover, upon a deed of quitclaim, executed on the day on which this suit was commenced, by which Jabez Dame and James Dame released to him all their interest in the demanded premises. But he can derive no title from Jabez Dame, because it does not appear that the grantor was ever in possession, or ever had any title whatever, or color or claim of title to the premises described in his deed.
The question then arises, whether he can derive any title from James Dame. In the action of trespass quare clausum fregit, brought by Roberts against the…
2Cases cited4 opinions
- Howard v. MitchellMassachusetts Supreme Judicial Court · 1817
- Towns v. NimsSuperior Court of New Hampshire · 1830
- Whittemore v. ShawSuperior Court of New Hampshire · 1836
- Forsaith v. ClogstonSuperior Court of New Hampshire · 1826
3Cited by3 opinions
- King v. ChaseSuperior Court of New Hampshire · 1844
- Chamberlain v. CarlisleSuperior Court of New Hampshire · 1853
- Remick v. ButterfieldSuperior Court of New Hampshire · 1855