Wilson v. Towle
Superior Court of New Hampshire
Debt. The plaintiffs declared that Levi Towle, late of Epping, deceased, being seized in fee of certain lands described in the declaration, by his last will devised the same to the defendant and his heirs, he, the said Gardner Towle, paying the sum of one hundred dollars, as therein after named; that in and by said will the testator afterwards gave to his daughter, the said Pema Wilson, fifty dollars in money, to be paid by said Gardner.
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Debt. The plaintiffs declared that Levi Towle, late of Epping, deceased, being seized in fee of certain lands described in the declaration, by his last will devised the same to the defendant and his heirs, he, the said Gardner Towle, paying the sum of one hundred dollars, as therein after named; that in and by said will the testator afterwards gave to his daughter, the said Pema Wilson, fifty dollars in money, to be paid by said Gardner. Levi Towle after-wards, on the twenty-fourth of May, 1827, continuing so seized of the lands described, died, and his will was admitted to probate. That the…
1Opinion of the CourtWoods, J.
The question raised by the demurrer does not derive its solution from the chapter of the Revised Statutes relating to the limitation of suits. They had not been *245in force six years at the time this action was commenced, except with respect to those cases in which the period of limitation prescribed by former statutes had begun to run, and the same or a similar limitation is prescribed by the Revised Statutes. The inquiry, therefore, is whether this action was barred, or could have been barred, by a lapse of six years, by virtue of the statute of June 30,1825, which was in force until repealed,…
2Cases cited2 opinions
- Pease v. HowardNew York Supreme Court · 1817
- Richards v. BickleySupreme Court of Pennsylvania · 1825