Marston v. Stickney
Supreme Court of New Hampshire
Bill in Equity for partition. William W. Stickney purchased for his mother, Lucinda Stickney, and Cyrus W. Smith, defendants, with their funds and at their request, a lot of land in Lebanon, taking the deed in his own name. Mrs. Stickney moved into the old house upon the premises soon after, and occupied it until it was repaired.
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Bill in Equity for partition. William W. Stickney purchased for his mother, Lucinda Stickney, and Cyrus W. Smith, defendants, with their funds and at their request, a lot of land in Lebanon, taking the deed in his own name. Mrs. Stickney moved into the old house upon the premises soon after, and occupied it until it was repaired. After it was repaired she lived in a part of it, the rest being let to tenants, until she moved into a new house which was built upon the lot by William. The firm of which William was a member had funds belonging to his mother, which it was understood he would use in…
1Opinion of the CourtBtstuham, J.
The defendants, having paid the purchase-money, became the equitable owners of the premises. Mrs. Stickney, by the purchase of Smith’s interest, acquired the whole title, and she was in open, visible, exclusive, and unambiguous possession at the time the contract with the plaintiffs was made, and while the house was being built. Her possession was in law notice of her equitable interest, and a creditor of William could not hold the land as against her. Cutting v. Pike, 21 N. H. 347; 1 Wash. Ileal Prop. (4th ed.) 317. The questions between her and the plaintiffs are the same that they would…
2Cases cited1 opinion
- Sly v. PatteeSupreme Court of New Hampshire · 1877
3Cited by1 opinion
- James Drywall, Inc. v. Europa Development Corp.Supreme Court of New Hampshire · 1976