Smith v. Woodman
Superior Court of New Hampshire
Assumpsit, founded upon the statute giving to any co-tenant a right to bring this form of action against one or more of his co-tenants, for the recovery of his share of the value of any trees destroyed, or other property severed or carried away from the real estate held by them in common. The writ contained three counts.
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Assumpsit, founded upon the statute giving to any co-tenant a right to bring this form of action against one or more of his co-tenants, for the recovery of his share of the value of any trees destroyed, or other property severed or carried away from the real estate held by them in common. The writ contained three counts. The first was in substance as follows: In a plea of the case for that the plaintiff and defendant, at New Hampton, on the first day of November, 1848, were seized and possessed of a certain tract of land as tenants in. common, situated in New Hampton, and bounded and…
1Opinion of the CourtEastman, J.
This action is founded upon the fifth and sixth sections of chapter 180 of the Revised Statutes. .These sections are as follows:
u Section 5. Any co-tenant of real estate may recover by action of assumpsit against one or more of Ms co-tenants, his just share of the value of any trees destroyed, or cut or carried away by such co-tenant, which were standing, lying or growing on such real estate, or of any other property attached thereto and destroyed, severed or carried away by such co-tenant.”
“ Section 6. If any co-tenant of any real estate shall hold the exclusive possession and income…
2Cases cited7 opinions
- Britton v. TurnerSuperior Court of New Hampshire · 1834
- Goodenow v. ButtrickMassachusetts Supreme Judicial Court · 1810
- Gordon v. BowneNew York Supreme Court · 1807
- Brown v. CumingNew York Supreme Court · 1804
- Sickels v. FortNew York Supreme Court · 1836
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