Libby v. Hutchinson
Supreme Court of New Hampshire
Petition, 'under section 27, chapter 191, Public Statutes. Trial before Young, «L, at the November term, 1902, of the superior court.
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Petition, 'under section 27, chapter 191, Public Statutes. Trial before Young, «L, at the November term, 1902, of the superior court. August 5, 1891, Timothy H. Hutchinson, the defendant’s testator, conveyed by warranty deed to Henry Marble a tract of land situate in Gorham, by the following description: “ Being a part of Lot No. 164 in said Gorham, commencing at a red oak tree on the bank of the Androscoggin river, running from thence south sixty per cent west to a mound or hill; thence around the east side of said hill, up to the road leading from Gorham to Shelburne to a stake and stones —…
1Opinion of the CourtParsons, C. J.
“Whenever any one has a claim against the estate of a deceased person which has not been prosecuted within the time limited by law, he may apply to the supreme court, at a trial term, by petition setting forth all the facts; and if the court shall be of opinion that justice and equity require it, and that the claimant is not chargeable with culpable neglect in not bringing his suit within the time limited by law, they may give him judgment' for the amount due him.” P. S., c. 191, s. 27. Whether justice and equity require that the plaintiff should have judgment for the amount due him, and…
2Cases cited4 opinions
- Spelman v. TalbotMassachusetts Supreme Judicial Court · 1878
- Ames v. AmesMassachusetts Supreme Judicial Court · 1880
- Grow v. DobbinsMassachusetts Supreme Judicial Court · 1878
- Judge of Probate v. BrooksSuperior Court of New Hampshire · 1829
3Cited by2 opinions
- Cummings v. FarnhamSupreme Court of New Hampshire · 1908
- W. A. Emerson's Sons, Inc. v. CloutmanSupreme Court of New Hampshire · 1936