Hunt v. Haven
Supreme Court of New Hampshire
Writ of entry, by William P. Hunt against Geo. W. Haven'and Jabez B. Upham, administrators of Joseph Bell, counting upon the plaintiff’s own seizin in fee, and a disseizin by the defendants. The defendants pleaded (1) Nul disseizin.
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Writ of entry, by William P. Hunt against Geo. W. Haven'and Jabez B. Upham, administrators of Joseph Bell, counting upon the plaintiff’s own seizin in fee, and a disseizin by the defendants. The defendants pleaded (1) Nul disseizin. (2) In substance, that the plaintiff has no title except under a deed from Joshua Woodward to James Woodward, dated June 9, 1843; that Joshua had previously mortgaged the demanded premises to Joseph Bell, by deed dated February 28,1842; that the administrators of said Bell brought their bill in equity for the purpose of obtaining possession of the premises and for…
1Opinion of the CourtSargent, J.
It is said, in 1 Ch. Pl. 226, that the rule relating to duplicity in pleading “ precludes the parties, as well the plaintiff as the defendant, in each of their pleadings, from stating or relying upon more than one matter, constituting a sufficient ground' of action in respect to the same demand, or a sufficient defence to the same claim, or an adequate answer to the precedent pleading of the opponent.”
But he adds, on page 227, that “ it is important to remember that several distinct facts or allegations, however numerous, may be comprised in the same plea or other pleading, without amounting…
2Cases cited9 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Campbell v. . HallNew York Court of Appeals · 1858
- Stuyvesant v. HallNew York Court of Chancery · 1847
- White v. CarpenterNew York Court of Chancery · 1830
- Watson v. WilsonCourt of Appeals of Kentucky · 1834
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States Ex Rel. Rodriquez v. Weekly Publications, Inc.District Court, S.D. New York · 1947
- Innie v. W & R, INC.Supreme Court of New Hampshire · 1976
- Boston, Etc., R.R. v. New York, Etc., R.R.Supreme Court of Rhode Island · 1878
- Ritchie v. GloverSupreme Court of New Hampshire · 1876