Legal Opinion

Kingsbury v. Wild

Superior Court of New Hampshire

Decided October 15, 1823PublishedCited by 1 opinion

Tins was a writ of entry, in which the demandant counted upon his own seisin of a tract of land in Mont-Vernon, and upon a disseisin by the tenant. The cause was tried here, at April term, 1823, upon the general issue, when it was agreed by the parties, that one Thomas Balter was once seized of the demanded premises.

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Tins was a writ of entry, in which the demandant counted upon his own seisin of a tract of land in Mont-Vernon, and upon a disseisin by the tenant. The cause was tried here, at April term, 1823, upon the general issue, when it was agreed by the parties, that one Thomas Balter was once seized of the demanded premises. The demandant then shewed the death of the said Baker, the appointment of one Jonathan S. Mams, as his administrator ; a license from the judge of probate in this county to the said administrator, “ to sell the real estate of the said Baker, “ deceased and a deed, duly executed…

1Opinion of the CourtRichardson, C. J.

It is contended in this case, that the deed of Adams to the demandant is not valid, because the word “ administrator” is not added to the signature of Adams. But we are not aware, that this word, if it had been added, could have had any effect, unless it were to denote the capacity in which he acted ; and as it is recited in the body of the deed, that he is administrator, and that lie acts by virtue of a power granted to him as such, it seems to us, that this objection is without any valid foundation. Indeed, it is very questionable, whether it is essential to the validity of the deed, that…

2Cited by1 opinion

  1. Inhabitants of Augusta v. LeadbetterSupreme Judicial Court of Maine · 1839

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