Colby v. Kenniston
Superior Court of New Hampshire
Tins was a writ of entry, in which the demandant counted upon his own seizin of a lot of land in Alexandria,, and upon a disseizin by the tenant. The cause was tried here upon the general issue at November term, 1825, when it was admitted, that one James Kenniston, being seized of the demanded premises, by deed dated the 10th September, 1808, conveyed the same to H. G, Cilley, who, by deed dated November 3, 1818, conveyed the same to the demandant.
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Tins was a writ of entry, in which the demandant counted upon his own seizin of a lot of land in Alexandria,, and upon a disseizin by the tenant. The cause was tried here upon the general issue at November term, 1825, when it was admitted, that one James Kenniston, being seized of the demanded premises, by deed dated the 10th September, 1808, conveyed the same to H. G, Cilley, who, by deed dated November 3, 1818, conveyed the same to the demandant. The tenant claimed to hold the land under a conveyance from Cilley to James Kenniston made prior to April 25, 1816, and showed in evidence a deed…
1Opinion of the CourtRichardson, C. J.
We are of opinion that the tenant in this case, showed sufficient grounds to entitle him to give parol evidence of the contents of the deed from Cil-ley. He showed that the deed was not recorded, and that the grantee could not be found. Indeed, he showed that he had done every thing that he could do, to obtain the deed. He brought himself clearly within the broad and liberal rule which now prevails on this subject. 18 Johns. 60, Jackson v. Root; 1 Holt, 601, Humble v. Hunt; Peake’s Ev. appendix, 184, Keeling v. Hall; 3 B. & B. 285, Champion v. Terry; 16 Johns. 193, Jackson v. Frier; 2 Caine’s…
2Cases cited4 opinions
- Farnsworth v. ChildsMassachusetts Supreme Judicial Court · 1808
- Jackson v. FrierNew York Supreme Court · 1819
- Norcross v. WidgeryMassachusetts Supreme Judicial Court · 1807
- Jackson ex dem. Bond v. RootNew York Supreme Court · 1820
3Cited by2 opinions
- Rogers v. JonesSuperior Court of New Hampshire · 1836
- Bell v. TwilightSuperior Court of New Hampshire · 1851