Legal Opinion

Hamilton v. Elliot

Superior Court of New Hampshire

Decided October 15, 1827PublishedCited by 2 opinions

This was a writ of entry, in which the demandant counted upon his own seizin of a tract of land in Keene, and upon a disseizin by the tenant. The cause was submitted to the decision of the court upon the following facts. Benjamin Bemiss, senior, being seized of a parcel of land, of which the demanded premises is part, on the 10th January, 1810, conveyed the same to Abel Blake in fee and in mortgage.

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This was a writ of entry, in which the demandant counted upon his own seizin of a tract of land in Keene, and upon a disseizin by the tenant. The cause was submitted to the decision of the court upon the following facts. Benjamin Bemiss, senior, being seized of a parcel of land, of which the demanded premises is part, on the 10th January, 1810, conveyed the same to Abel Blake in fee and in mortgage. On the 30th July, 1812, the said Bemiss, senior, conveyed the same land to Samuel Hamilton and Benjamin Bemiss, junior, subject to the said mortgage with warranty. On the 3d September, 1813, John…

1Opinion of the CourtRichardson, C. J.

This is a very plain case. In 1815, Samuel Hamilton and Benjamin Bemiss, junior, having all the title to the demanded premises under Benjamin Bemiss, senior, the mortgagor, which this demandant now has, as their assignee, brought a writ of entry against Elliot and Appleton who then had all the title under the mortgagee which this tenant now has, and Elliot and Appleton disclaimed. The contest was then what it now is, if any contest could exist in the case, a contest between the assignees of the mortgagor and the assignees of the mortagee. It is most unquestionable that this tenant cannot now…

2Cases cited1 opinion

  1. Carpenter v. ThompsonSuperior Court of New Hampshire · 1825

3Cited by2 opinions

  1. Parker v. BrownSuperior Court of New Hampshire · 1844
  2. Leavitt v. WallaceSuperior Court of New Hampshire · 1842

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