Stevenson v. Cofferin
Superior Court of New Hampshire
Writ of Entry. In the amended count the defendant is summoned to answer to John M. Stevenson, of, &c., James Norris, of, &c., and Lucinda Norris, wife of the said James Norris, in right of the said Lucinda, in a-plea of land, wherein they demand, against the said Francis Cofferin, one undivided half of forty acres of land, situate, &c., bounded, &c., which they claim to be their right and inheritance, and whereof the said Cofferin unjustly, and without judgment, disseized…
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Writ of Entry. In the amended count the defendant is summoned to answer to John M. Stevenson, of, &c., James Norris, of, &c., and Lucinda Norris, wife of the said James Norris, in right of the said Lucinda, in a-plea of land, wherein they demand, against the said Francis Cofferin, one undivided half of forty acres of land, situate, &c., bounded, &c., which they claim to be their right and inheritance, and whereof the said Cofferin unjustly, and without judgment, disseized one James Stevenson, father of the said John M. Stevenson and Lucinda Norris, whose heirs they are, within twenty years…
1Opinion of the CourtGilchrist, C. J.
By the common law there were certain serious embarrassments which would have attended the joinder of tenants in common in real actions. Although their possession was joint, their estates and titles might have been wholly different; and as these were in many cases required to be stated, and might have been traversed or avoided by plea, it is easy to perceive that numerous issues might have been joined in a single action, to some of which some of the parties to the suit might have been strangers, and yet bound to maintain them under pain of failing in the action. This afforded sufficient ground…
2Cited by1 opinion
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