Leavitt v. Wallace
Superior Court of New Hampshire
Complaint, to recover the possession of a tract of land in Moultonborough, under the act of July 1, 1831, “ providing further remedies for landlofds and tenants.” The respondent, Meribah Wallace, pleaded that she held the land in her own right. The complainant replied an estoppel. The case was submitted to the determination of the court upon a statement of facts.
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Complaint, to recover the possession of a tract of land in Moultonborough, under the act of July 1, 1831, “ providing further remedies for landlofds and tenants.” The respondent, Meribah Wallace, pleaded that she held the land in her own right. The complainant replied an estoppel. The case was submitted to the determination of the court upon a statement of facts. The summons was dated December 21, 1839. On the 13th of the same December, a notice from the plaintiff was delivered to the respondent, requiring her to quit the house she occupied, (which is situated on the premises of which the…
1Opinion of the CourtParker, C. J.
The disclaimer of the respondent, in the action in favor of Moody, if regularly put in, is binding upon her, and she is estopped to set up any title against the complainant, who is privy in estate, unless it be one acquired subsequently. 4 N. H. Rep. 182, Hamilton vs. Elliot.
If she were duly summoned in that suit, which has not been denied, the appearance by an attorney of the court must be taken to have been regularly made, at least until the contrary is shown. 9 Wheat. R. 830, Osborn vs. U. S. Bank; 1 Binn. R. 214, McCullock vs. Guetner.
And it is said the court will not inquire whether the…
2Cases cited1 opinion
- Hamilton v. ElliotSuperior Court of New Hampshire · 1827
3Cited by1 opinion
- Beckley v. NewcombSuperior Court of New Hampshire · 1852