Morrill v. Foster
Superior Court of New Hampshire
Petition for partition. The petition sets forth that Elisha Morrill and Theophilus B. Martin are severally seized as tenants in common with Ira Foster, each of one undivided fourth part of a certain tract of land in Pembroke, bounded, &c., and that there is a dispute about the title, and the petitioners are each desirous of holding his share thereof in severalty; wherefore they pray that a committee may be appointed to make partition, and to assign and set off to each his…
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Petition for partition. The petition sets forth that Elisha Morrill and Theophilus B. Martin are severally seized as tenants in common with Ira Foster, each of one undivided fourth part of a certain tract of land in Pembroke, bounded, &c., and that there is a dispute about the title, and the petitioners are each desirous of holding his share thereof in severalty; wherefore they pray that a committee may be appointed to make partition, and to assign and set off to each his share thereof in severalty, agreeably to the statute, &c. Notice having been given, the defendant appeared and filed the…
1Opinion of the CourtBell, J.
The question raised in the case is as to the sufficiency of these pleadings.
The first plea seems taken from the form introduced by Richardson, C. J., in his opinion in Hunt v. Hazelton, 5 N. *335H. Rep. 219, which is evidently taken from the plea in Ferris v. Smith, 17 Johns. 221. The second plea is in conformity to the precedents in Story’s Plead. 417, and is in the same form with that in Clapp v. Bromagham, 9 Cow. 530; yet we think neither of them is sufficient under our statute relating to partition.
The first is in the form of the general issue, and seems designed to be such an issue. By the…
2Cases cited3 opinions
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Ferris v. SmithNew York Supreme Court · 1819
- Hunt v. HazeltonSuperior Court of New Hampshire · 1830