Sawyer v. Sawyer
Supreme Court of New Hampshire
Bill in Equity, for partition of land, and for an accounting for rents, and profits, and waste. The bill alleges title to the land in the plaintiff and the defendants, under the will of their father, Joshua Sawyer. The defendants demur to the plaintiff’s alleged* right of partition, and answer denying the allegations of exclusion from possession, withholding of rents and profits and waste. The question raised by the demurrer is reserved.
1Opinion of the CourtClark, J.
Josiah Sawyer devised certain real estate, said to be his homestead, to his three daughters, the parties to this action, to share equally, to them and their respective heirs and assigns forever, subject to this restriction: “ provided, however, that no sale or leasing of the real estate shall be made without the joint action of all my daughters while living, and meaning that it shall be necessary for them to agree; and that it shall require the consent of all, or of those who shall survive in the event of the decease of one, to sell or lease said real estate.”
The only question raised by the…
2Cited by2 opinions
- Hale v. JaquesSupreme Court of New Hampshire · 1898
- Whitney v. KendallSupreme Court of New Hampshire · 1884