Legal Opinion

Lamprey v. Nudd

Superior Court of New Hampshire

Decided December 15, 1854Published

Writ of entry. The demandant was the admitted owner of the premises until the 16th day of September, 1823. In support of his title, the tenant introduced the following evidence. A copy of a mortgage to Wells Healey, dated September 16th, 1823, to secure a note for $931 and interest. A copy of a mortgage to Richard Greenleaf, dated January 31st, 1825, to secure a note for $275 and interest. These instruments purported to have been duly executed by said Lamprey.

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Writ of entry. The demandant was the admitted owner of the premises until the 16th day of September, 1823. In support of his title, the tenant introduced the following evidence. A copy of a mortgage to Wells Healey, dated September 16th, 1823, to secure a note for $931 and interest. A copy of a mortgage to Richard Greenleaf, dated January 31st, 1825, to secure a note for $275 and interest. These instruments purported to have been duly executed by said Lamprey. A copy of a judgment rendered by the superior court, held at Portsmouth, on the third Tuesday of February, 1826, in favor of said…

1Opinion of the CourtBelu, J.

It must be regarded as settled that the judgment of a court of competent jurisdiction over the subject-matter of an action and over the parties, upon any point directly put in issue, is conclusive upon them, and upon all who have derived their rights from them, until it has been reversed or set aside, by appeal or upon error, or other proceeding instituted for the purpose of its reversal. So long as it remains in force and not annulled or reversed, it is not liable to be impeached or questioned, when it is offered in evidence, or otherwise relied upon in any collateral proceeding, or in any…

2Cases cited7 opinions

  1. Ellison v. DanielsSuperior Court of New Hampshire · 1840
  2. Smith v. KnowltonSuperior Court of New Hampshire · 1840
  3. Allison v. TaylorCourt of Appeals of Kentucky · 1838
  4. Bell v. MorseSuperior Court of New Hampshire · 1833
  5. Robertson v. LainNew York Supreme Court · 1839

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