Davis v. Handy
Supreme Court of New Hampshire
Writ oe Entry, for one undivided sixth part of a dwelling-house in Portsmouth, and also for a piece of land in Portsmouth, bounded south-easterly on South street, forty-four feet; south-westerly by a lane leading from South street to a rope-walk, one hundred feet, more or less; north-westerly by the same rope-walk, forty-four feet; north-easterly by land of William Yaughan, deceased, one hundred and thirty feet, more or less, to South street, known as the “ Salter lot.”
Read the full summary
Writ oe Entry, for one undivided sixth part of a dwelling-house in Portsmouth, and also for a piece of land in Portsmouth, bounded south-easterly on South street, forty-four feet; south-westerly by a lane leading from South street to a rope-walk, one hundred feet, more or less; north-westerly by the same rope-walk, forty-four feet; north-easterly by land of William Yaughan, deceased, one hundred and thirty feet, more or less, to South street, known as the “ Salter lot.” Plea, the general issue. Jeremiah Johnson once owned the demanded premises. On the 10th of May, 1851, the plaintiff attached…
1Opinion of the CourtPerley, C. J.
Tbe title derived under sales for taxes cannot be maintained, because tbe whole land was set up for tbe taxes at tbe auction sales. Ainsworth v. Dean, 21 N. H. (1 Foster) 400. And as tbe defendant sets up no other defence against tbe plaintiff’s levy for tbe undivided sixth part of the dwelling-house demanded, tbe plaintiff is entitled to recover tbat part of tbe demanded premises.
Both parties claim to hold tbe “ Salter lot” under Johnson’s title; tbe plaintiff, by tbe extent of bis execution, and tbe defendant under Johnson’s mortgage to Vincent. Is tbe “Salter lot,” or any part of it,…
2Cases cited9 opinions
- Storrs v. BarkerNew York Court of Chancery · 1822
- Brown v. WheelerSupreme Court of Connecticut · 1845
- Cowles v. BaconSupreme Court of Connecticut · 1852
- Kinney v. FarnsworthSupreme Court of Connecticut · 1845
- Copeland v. CopelandSupreme Judicial Court of Maine · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gilbert v. ManchesterSupreme Court of New Hampshire · 1875