Ainsworth v. Dean
Superior Court of New Hampshire
Writ of entry, for a tract of land in Unity, being a fifty acre lot in the north range of lots, numbered 300. It appeared, that on the 6th of February, 1832, Luke Smith conveyed this lot and another lot, described as the two west lots of the north range of lot No. 300, formerly owned by Gov. Benning Went-worth, called two fifty acre lots, to D. B. Jones and S. Woodward.
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Writ of entry, for a tract of land in Unity, being a fifty acre lot in the north range of lots, numbered 300. It appeared, that on the 6th of February, 1832, Luke Smith conveyed this lot and another lot, described as the two west lots of the north range of lot No. 300, formerly owned by Gov. Benning Went-worth, called two fifty acre lots, to D. B. Jones and S. Woodward. On ..the same day, these grantees mortgaged the same lots to Smith, to secure $350, payable by instalments, the last of which was due in April, 1837. On the 2d of September, 1847, Smith entered for condition broken, and…
1Opinion of the CourtGriLCHRiST, C. J.
Several of the exceptions taken in this case must be sustained, and it will therefore be unnecessary to consider the others.
1. There is no evidence that the selectmen took the oath of office according to the statute. A certificate that they were “ qualified by J. C. Clement ” is insufficient. Gibson v. Bailey, 9 N. H. Rep. 177.
2. By the act in force at the tíme of the decision of the case of the Souhegan Factory v. McConihe, 7 N. H. Rep. 309, a parol appointment of a collector, by the selectmen, was sufficient. N. H. Laws, 252, § 8. (Ed. of 1830.) By the Rev. Stat. ch. 99, § 6, such an…
2Cases cited4 opinions
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Proprietors of Cardigan v. PageSuperior Court of New Hampshire · 1833
- Souhegan Nail, Cotton & Woolen Factory v. McConiheSuperior Court of New Hampshire · 1834
- Brown v. DinsmoorSuperior Court of New Hampshire · 1824
3Cited by5 opinions
- White v. Town of WolfeboroSupreme Court of New Hampshire · 1988
- Opinion of the JusticesSupreme Court of New Hampshire · 1989
- Brown v. ConcordSupreme Court of New Hampshire · 1876
- Paul v. LinscottSupreme Court of New Hampshire · 1876
- Grout v. GatesSupreme Court of Vermont · 1924