Berry v. Brown
Superior Court of New Hampshire
This was a writ of entry brought to recover a tract of land in Pittsfield, and was tried upon the general issue at September term, 1829, and a verdict taken for the tenant subject to the opinion of the court upon the following ease. John Jones, senior, being seized of the demanded premises by will, which was proved and allowed on the 27th April, 1815, devised the same premises to Jacob Jones, and John Jones who entered and became seized as the law requires.
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This was a writ of entry brought to recover a tract of land in Pittsfield, and was tried upon the general issue at September term, 1829, and a verdict taken for the tenant subject to the opinion of the court upon the following ease. John Jones, senior, being seized of the demanded premises by will, which was proved and allowed on the 27th April, 1815, devised the same premises to Jacob Jones, and John Jones who entered and became seized as the law requires. John Jones, by deed, October 18, 1825, conveyed his moiety of said premises to Winthrop Jones. The demandant, Berry, having an execution…
1Opinion of the Court
By the court.
This is a very plain case. When Butters attached the land as the property of Abner Jones, on the 13th December, 1816, the said Abner was seized of an undivided moiety ; and the execution of Butters having been extended upon the land within thirty days after judgment, he acquired a good title to a moiety, which title the tenant now has.
With respect to the other moiety it appears that on the 20th December, 1816, seven days after Butters made his attachment, this moiety was conveyed to Abner Jones, but he, o» the same day, conveyed all his interest in the land to Yeaton. Whether the…
2Cases cited2 opinions
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1812
- Bailey v. MarchSuperior Court of New Hampshire · 1825