Smith v. Edminster
Superior Court of New Hampshire
Writ of Entry, to recover a tract of land in Cornish, called the glebe lot. Plea, nul disseizin. The plaintiff claimed title under a mortgage from James H. Bingham, to himself, dated November 11, 1837. It appeared, from the evidence offered by the parties, that by the charter of Cornish, which was granted June 21, 1763, one share was reserved for the glebe, for the church of England, as by law established ; and on the third day of October, 1770, lot No. 15, being the land in…
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Writ of Entry, to recover a tract of land in Cornish, called the glebe lot. Plea, nul disseizin. The plaintiff claimed title under a mortgage from James H. Bingham, to himself, dated November 11, 1837. It appeared, from the evidence offered by the parties, that by the charter of Cornish, which was granted June 21, 1763, one share was reserved for the glebe, for the church of England, as by law established ; and on the third day of October, 1770, lot No. 15, being the land in question, was located as the glebe lot. Copies of the church records in Cornish were introduced, to show that on the…
1Opinion of the CourtParker, C. J.
It is apparent, from the facts stated, that the defendant is not entitled to raise some of the questions which have been suggested in this case.
The case finds that Zebedee Edminster, (being in possession of the premises under what purported to be perpetual leases, at a nominal rent) on the 8th of April, 1820, conveyed in fee to Z. Edminster, Jr.; and that the latter conveyed to James H. Bingham, in the year 1830, holding as his tenant for several years afterwards.
The demandant makes title under a mortgage from Bingham.
Whether the leases in 1803 were valid or invalid, and whether the…
2Cases cited6 opinions
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Keith v. SwanMassachusetts Supreme Judicial Court · 1814
- Sperry v. SperrySuperior Court of New Hampshire · 1837
- Towle v. AyerSuperior Court of New Hampshire · 1835
- Bailey v. MarchSuperior Court of New Hampshire · 1823
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