Wendell v. Abbott
Supreme Court of New Hampshire
Writ oe Entry, for a tract of land in Springfield, containing about thirty acres, and being part of lot No. 8, and lying northerly of and adjoining to Stony Brook road.
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Writ oe Entry, for a tract of land in Springfield, containing about thirty acres, and being part of lot No. 8, and lying northerly of and adjoining to Stony Brook road. Pleas, the general issue as to all that part bounded east by the Smith road, and north by a line from a stake by the Smith road, on low ground, and near boggy ground, about thirty-two rods northerly of the Stony Brook road, running westerly by the southerly line of the boggy ground about 130 rods, to a stake at the northeast corner of Ezra Pillsbury’s fifteen-acre piece; and a disclaimer as to the rest. To show title to the…
1Opinion of the CourtBartlett, J.
Our Revised Statutes provide that, in case of the peaceable entry of a mortgagee of real estate into the mortgaged premises, for the purpose of. foreclosing his mortgage, the affidavit of the party making such entry, and of the witnesses thereto, as to the time, manner and purposes of the entry, and a copy of the published notice, verified by affidavit as to the time, place and mode of publication, recorded in the registry of deeds for the county in which the lands lie, shall be evidence of such entry and publication. Rev. Stat., ch. 131, sec. 16. Such evidence is admissible only by virtue of…
2Cases cited4 opinions
- Garwood v. DennisSupreme Court of Pennsylvania · 1811
- Jackson ex dem. Montresor v. RiceNew York Supreme Court · 1829
- Williams v. BassSupreme Court of Vermont · 1850
- Catlin v. WashburnSupreme Court of Vermont · 1830