Hunt v. Hazelton
Superior Court of New Hampshire
Tins was a petition for partition, in winch the petitioner'alleged, that he was seized in fee as a tenant in common with W. Hazelton, S. Hazelton, and T. Hazelton, the respondents, of a parcel of land in Chester, and prayed that partition might be made.
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Tins was a petition for partition, in winch the petitioner'alleged, that he was seized in fee as a tenant in common with W. Hazelton, S. Hazelton, and T. Hazelton, the respondents, of a parcel of land in Chester, and prayed that partition might be made. The respondents pleaded— 1st, That they were sole seized of the premises, and that the said Hunt had nothing therein, and concluded to the country. 2d, That the said Hunt was not seized of seven forty-eighth parts of the premises, and concluded to the country. 3d, That they were “ not tenants in common, together with the said Hunt, of the…
1Opinion of the Court
The opinion of the court was delivered by
RichaRdson, C. J.
One ground of defence, upon which the respondents in this case rely, is, that the share which the petitioner claims, has been leased to one of the respondents by the person from whom the petitioner derives his title, for a term of years which has not yet expired. The grant of the term is alleged to have been by a writing under the hand of the lessor, but is not alleged to have been by deed. But this is of no importance, as it is well settled, that a valid lease of lands for years may be made by a writing not under seal. Woodfull’s…
2Cases cited4 opinions
- Cook v. AllenMassachusetts Supreme Judicial Court · 1807
- Mussey v. SanbornMassachusetts Supreme Judicial Court · 1818
- Ferris v. SmithNew York Supreme Court · 1819
- Texas & Pacific R'y Co. v. KaneCourt of Appeals of Texas · 1883
3Cited by2 opinions
- Gaer Bros., Inc. v. MottSupreme Court of Connecticut · 1960
- Morrill v. FosterSuperior Court of New Hampshire · 1852