Wheeler v. Bates
Superior Court of New Hampshire
Writ or entry. The demandant counted upon a seizin in fee and in mortgage, in the usual form. The tenant pleaded • non-tenure in abatement as follows:;— “ And the said B. comes and defends, &c., when, &c., and says that he cannot render the premises demanded in said suit, to the said W., because, he says, that he is not now, nor was he at the time of the suing forth of the writ aforesaid of the plaintiff, nor at any time since, the tenant thereof, as of freehold, but one P.…
Read the full summary
Writ or entry. The demandant counted upon a seizin in fee and in mortgage, in the usual form. The tenant pleaded • non-tenure in abatement as follows:;— “ And the said B. comes and defends, &c., when, &c., and says that he cannot render the premises demanded in said suit, to the said W., because, he says, that he is not now, nor was he at the time of the suing forth of the writ aforesaid of the plaintiff, nor at any time since, the tenant thereof, as of freehold, but one P. of, &c., long before the suing forth of the writ aforesaid, to wit, on, &c., was seized of the premises demanded, with…
1Opinion of the CourtBell, J.
The conclusion of the plea of non-tenure in this case is bad. Non-tenure here, is a plea in abatement. Brown v. Miltimore, 2 N. H. Rep. 442; Mills v. Pierce, 2 N. H. Rep. 10; Sperry v. Sperry, 8 N. H. Rep. 477. Such plea must conclude with praying judgment of the writ. Clark v. Brown, 6 N. H. Rep. 434; Pike v. Bagley, 6 N. H. Rep. 76. This is a defect of form merely, and may be amended on terms. It is settled here, that non-tenure is a good plea in abatement in a writ of entry on a mortgage. Wilson v. Webster, 6 N. H. Rep. 419. It is a perfect answer, if the tenant claims under any one, who…
2Cases cited5 opinions
- Sperry v. SperrySuperior Court of New Hampshire · 1837
- Towle v. AyerSuperior Court of New Hampshire · 1835
- Clark v. BrownSuperior Court of New Hampshire · 1833
- Brown v. MiltimoreSuperior Court of New Hampshire · 1822
- Wilson v. WebsterSuperior Court of New Hampshire · 1833