Bowman v. Stark
Superior Court of New Hampshire
This was an action of trespass for breaking and entering the plaintiff's close in Manchester, in this county. The cause was submitted to the decision of the court upon the following facts. The defendant sued out a writ against one Patten Hall who was seized of the locus in quo, and by virtue of the same writ caused the locus in quo to be attached.
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This was an action of trespass for breaking and entering the plaintiff's close in Manchester, in this county. The cause was submitted to the decision of the court upon the following facts. The defendant sued out a writ against one Patten Hall who was seized of the locus in quo, and by virtue of the same writ caused the locus in quo to be attached. The defendant, having obtained a judgment against Hall in that suit, at September term of the superior court, 1829, sued out execution on the 26th September, 1829. Palien Hall died on the 2nd October, 1829. The execution aforesaid was extended upon…
1Opinion of the CourtRichardson, C. J.
If Patten Hall were now alive, and no third person had acquired any interest in the land since the 29th September, 1829, perhaps the amendment, which the defendant moves to have made, might be permitted. But Patten Hall is now dead, insolvent, and if nothing has now passed by this extent his creditors have acquired an interest in the land which we cannot lawfully take from them by permitting such an amendment. Their claim to have the land applied to the payment of their debts is just and legal, and it does not belong to the exercise of any sound discretion, which a court possesses to deprive…
2Cases cited2 opinions
- Clindenin v. AllenSuperior Court of New Hampshire · 1828
- Daniels v. EllisonSuperior Court of New Hampshire · 1825
3Cited by3 opinions
- Whittier v. VarneySuperior Court of New Hampshire · 1839
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844
- Jaffrey v. SmithSupreme Court of New Hampshire · 1911