Webster v. Atkinson
Superior Court of New Hampshire
This was a writ of entry in which the demandant counted upon his own seizin of part of lot No. 2G, in .Boscawen and upon a disseizin by the tenant. The tenant as to two undivided third parts of the demanded premises disclaimed all title, and as to the other undivided third he pleaded the general issue, which was joined by the demandant.
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This was a writ of entry in which the demandant counted upon his own seizin of part of lot No. 2G, in .Boscawen and upon a disseizin by the tenant. The tenant as to two undivided third parts of the demanded premises disclaimed all title, and as to the other undivided third he pleaded the general issue, which was joined by the demandant. The cause was tried here at August term, 1826, when the demandant gave in evidence a deed made by the tenant in the year 1807 and conveying to Silas Atkinson, under whom the demandant claimed, a tract of land described as follows : “ A certain tract of land in…
1Opinion of the Court
Richardson C. J.
Upon the trial of this cause, the question arose, whether the demandant was entitled to recover two undivided third parts of a certain tract of land lying south of a line described in the deed of Simeon Atkinson, or the whole of: a parcel of land, which is two thirds in severalty of the same tract of land ; and it was supposed to be necessary in giving a construction to the deed to resort to parol evidence of certain acts and declarations of the said Simeon Atkinson, to explain the intention of the parties to it, and such evidence was admitted for that purpose. To some of the…
2Cases cited6 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Van Vechten v. SillNew York Supreme Court · 1814
- Mann v. MannCourt for the Trial of Impeachments and Correction of Errors · 1816
- Crosby v. ParkerMassachusetts Supreme Judicial Court · 1808
- Ely v. AdamsNew York Supreme Court · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lapierre v. CabralSupreme Court of New Hampshire · 1982
- Brown v. ManterSuperior Court of New Hampshire · 1850
- Moulton v. RobinsonSuperior Court of New Hampshire · 1853
- Drew v. DrewSuperior Court of New Hampshire · 1854
- Matthews v. CrosbySupreme Court of New Hampshire · 1875