Cheswell v. Chapman
Supreme Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close, in Durham, on the 24th day of July, 1856. The defendant’s plea set forth the following facts : The defendant, in right of his wife, was, and is, seized of a freehold in a certain piece of land described in the plea. One Paul Cheswell died seized of that tract, and of the plaintiff’s close, leaving the plaintiff, with Hannah Cheswell and four others, his heirs-at-law.
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Trespass, for breaking and entering the plaintiff’s close, in Durham, on the 24th day of July, 1856. The defendant’s plea set forth the following facts : The defendant, in right of his wife, was, and is, seized of a freehold in a certain piece of land described in the plea. One Paul Cheswell died seized of that tract, and of the plaintiff’s close, leaving the plaintiff, with Hannah Cheswell and four others, his heirs-at-law. Those and other tracts of land constituted his real estate, and his homestead farm. On the 29th of January, 1849, a committee was appointed by the judge of probate to…
1Opinion of the CourtPerlet, C. J.
The plaintiff takes the position that on partition of a deceased person’s real estate, by proceedings in the probate court, the court have no jurisdiction to create and annex to one share a right of way over land assigned to the other shares. The statute provides that the judge of probate “ may cause the dower and share of the widow, and the shares of any or all the heirs or devisees in the real estate of any person deceased, or any part of it, and in the widow’s dower after it shall have reverted, to be divided and assigned to them in severalty.” No express authority is given to create and…
2Cases cited4 opinions
- Hoffman v. SavageMassachusetts Supreme Judicial Court · 1818
- Pernam v. WeadMassachusetts Supreme Judicial Court · 1806
- Chandler v. GoodridgeSupreme Judicial Court of Maine · 1843
- Fidler v. HallCourt of Appeals of Kentucky · 1859
3Cited by1 opinion
- Edminston Corp. v. CarpenterCourt of Appeals of Tennessee · 1976