Campbell v. Wallace
Superior Court of New Hampshire
Whit of entry, dated February 3, 1837, iu which the plaintiffs count on their own seizin, within twenty years, of one undivided half of a certain lot of land, situated in Milford. Plea, the general issue.
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Whit of entry, dated February 3, 1837, iu which the plaintiffs count on their own seizin, within twenty years, of one undivided half of a certain lot of land, situated in Milford. Plea, the general issue. It appeared in evidence that in April, 1807, George Burns, of Milford, died intestate, leaving six daughters, viz : Anna Burns; Sarah Campbell, wife of Robert Campbell, the mother of the demandants; Hannah Tuttle, wife of Charles Tuttle ; Jemima Burns ; Esther Lovejoy, wife of William Lovejoy; and Elizabeth Burns. He was seized, at the time of his death, of the demanded premises, and other…
1Opinion of the CourtPaRker, C. J.
It may be questionable whether the validity of the partition of the estate of George Burns is of importance in the decision of this case. But we are of opinion that after the heirs had acquiesced in it, and an occupation had been had under it for the term of twenty years, the pro*367ceedings in the probate court must be presumed to have been regular, and be held conclusive. It appears, therefore, that Esther Lovejoy was well seized of the demanded premises, by means of that partition. The execution of the note by her husband transferred no interest to him. If he had paid the money, there would…
2Cases cited5 opinions
- Bush v. BradleySupreme Court of Connecticut · 1810
- Daniels v. DanielsMassachusetts Supreme Judicial Court · 1810
- Stevens v. DimondSuperior Court of New Hampshire · 1833
- Wilson v. GambleSuperior Court of New Hampshire · 1837
- Hills v. DoeSuperior Court of New Hampshire · 1833
3Cited by4 opinions
- Richardson v. MartinSupreme Court of New Hampshire · 1874
- Farley v. BloodSuperior Court of New Hampshire · 1854
- Brown v. SceggellSuperior Court of New Hampshire · 1851
- Burleigh v. CoffinSuperior Court of New Hampshire · 1850