Legal Opinion

Warren v. Swett

Superior Court of New Hampshire

Decided July 15, 1855PublishedCited by 3 opinions

In equity, the bill being filed by George W. Warren of Wolf borough against Alpheus Swett, Thomas L. Whitton, Jeremiah F. Hall, Joseph Stevenson and Oran Dixon. The bill sets forth, in substance, that George Warren, the father of the complainant, died in 1849, leaving a certain tract of land in Wolf borough, which descended to the complainant and his brother, Benjamin Warren, who were the only heirs of the deceased.

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In equity, the bill being filed by George W. Warren of Wolf borough against Alpheus Swett, Thomas L. Whitton, Jeremiah F. Hall, Joseph Stevenson and Oran Dixon. The bill sets forth, in substance, that George Warren, the father of the complainant, died in 1849, leaving a certain tract of land in Wolf borough, which descended to the complainant and his brother, Benjamin Warren, who were the only heirs of the deceased. That in March, 1850, Benjamin Warren sold and conveyed his undivided half of the land to the defendant, Swett; that Swett was to pay for the same by the acre, and that he…

1Opinion of the CourtEastman, J.

The only material matters in controversy between Warren and Swett, relate to the delivery of the deeds and to the abandonment of the agreement to make the partition. Upon these two points there is a direct issue, and several depositions were taken bearing upon them.

Judge Rust, who made the deeds, testifies that in March, 1850, he was called upon by Swett to run out the land and ascertain its contents, and that he did so. That, after the survey was completed, Swett proposed to Warren, who was present, to make partition of the land, and Swett made the proposals stated in the bill; that Warren…

2Cases cited9 opinions

  1. Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
  2. Souverbye v. ArdenNew York Court of Chancery · 1814
  3. Frost v. BeekmanNew York Court of Chancery · 1814
  4. Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
  5. Sterry v. ArdenNew York Court of Chancery · 1814

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Smelsey v. Guarantee Finance Corp.Michigan Supreme Court · 1945
  2. Owen-Ames-Kimball Co. v. Michigan Lithographing Co. (In Re Michigan Lithographing Co.)United States Bankruptcy Court, W.D. Michigan · 1992
  3. United States v. SchurzSupreme Court of the United States · 1880

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