Smith v. Smith
Superior Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close in. Alstead, and carrying away his grass. Plea, the general issue, with a brief statement, that the close was the soil and freehold of the defendant. It appeared in evidence, that, prior to June 1, 1835, the close was part of a farm belonging to Sylvester Partridge.
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Trespass, for breaking and entering the plaintiff’s close in. Alstead, and carrying away his grass. Plea, the general issue, with a brief statement, that the close was the soil and freehold of the defendant. It appeared in evidence, that, prior to June 1, 1835, the close was part of a farm belonging to Sylvester Partridge. On the 5th of November, 1832, Partridge, and Benjamin Fay, gave their joint and several note to Elisha Smith, or order, for f258, on demand, and interest annually. On the 11th of November, 1839, Elisha Smith, having deceased, Betsey Smith, and Calvin Smith the plaintiff,…
1Opinion of the Court
Parker, C. J. *
Objections have been taken to the levy through which the plaintiff makes his title to the locus in quo, and sets up a right to sustain this action.
A return by the sheriff, that the levy is in pursuance of the direction of the judgment creditor, or creditors, is not necessary to the validity of the extent. A return that it was done in pursuance of the direction of one of two judgment creditors, therefore, will not vitiate the proceedings.
It appears from the return, that one of the appraisers was chosen “by the creditor within named,” and this is sufficient. The two…
2Cases cited3 opinions
- Smith v. LowellSuperior Court of New Hampshire · 1832
- Winkley v. HillSuperior Court of New Hampshire · 1837
- Tifft v. WalkerSuperior Court of New Hampshire · 1839
3Cited by6 opinions
- Dow v. JewellSuperior Court of New Hampshire · 1846
- Pike v. PikeSuperior Court of New Hampshire · 1852
- Kimball v. FennerSuperior Court of New Hampshire · 1841
- Kendall v. FittsSuperior Court of New Hampshire · 1850
- Angier v. AshSuperior Court of New Hampshire · 1852
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