Pritchard v. Atkinson
Superior Court of New Hampshire
This was a writ of entry in which the demandant counted upon his own seizin of land in lloseawen, and upon a disseizin by the tenant.
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This was a writ of entry in which the demandant counted upon his own seizin of land in lloseawen, and upon a disseizin by the tenant. The cause had been tried upon the general issue, a verdict had been, returned, and a judgment had been rendered thereon, in favor of the demandant, when Atkinson, having sued out this writ of review and entered the same here, died. ¡ now moved the court, that the administrator of Atkinson might be admitted to prosecute the writ of review. objected that the right to the land did not survive to the administrator, and of course the remedy could not survive to him.…
1Opinion of the Court
By the court.
The general rule is, that in a writ of entry, if the demandant or tenant die pending the suit,, neither the heir, nor the executor or administrator can prosecute or defend, but the writ necessarily abates; Stearns on Real Actions, 199; 2 Mass. Rep. 480; Com. Dig. “Abatement” H 32—34.
It is also a general rule that executors and administrators cannot maintain an action to recover seizin of the land of their testators or intestates ; because in general they have no interest in the real estate. 2 N. H. Rep. 72; 3 N. H. Rep. 306.
To this rule, however, estates of testators or…
2Cases cited2 opinions
- Smith v. DyerMassachusetts Supreme Judicial Court · 1819
- Whittemore v. WhittemoreSuperior Court of New Hampshire · 1819