Thorndike v. Norris
Superior Court of New Hampshire
This action was commenced August 8,1850, to recover two parcels of land, under the statutes relative to the action against tenants, before a justice of the peace. The defendant, as to the first tract, pleaded, first, a disclaimer; secondly, not guilty.
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This action was commenced August 8,1850, to recover two parcels of land, under the statutes relative to the action against tenants, before a justice of the peace. The defendant, as to the first tract, pleaded, first, a disclaimer; secondly, not guilty. As to the second tract, he pleaded, first, a disclaimer as to twelve undivided fifteenth parts; secondly, as to two other fifteenth parts, that, on 1st January, 1849, one M. N. was, has been since, and still is, seized and possessed thereof, as of fee and right, and being so possessed thereof, on said 1st of January, demised the same to the…
1Opinion of the CourtBell, J.
The pleadings in this case are framed upon the usual forms of pleadings in real actions. To judge of their propriety in the statute proceedings against tenants, it is necessary shortly to consider the nature of those proceedings. Justices of the peace have, by our constitution and laws, no jurisdiction to try any action in which the title to real estate may come in question; and under this rule it has always been held that real actions were beyond their jurisdiction. Pritchard v. Atkinson, 4 N. H. Rep. 291. The intervals between the terms of the courts of common pleas made this class of…
2Cases cited8 opinions
- Willison v. WatkinsSupreme Court of the United States · 1830
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
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3Cited by2 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881