Cass v. Bellows
Superior Court of New Hampshire
Writ op entry, to recover lot No. 39, in the third division of the original right of Edmund Moulton, in Northumberland, in this county. It was agreed that, at the date of the demandant’s writ, the defendant, Bellows, was in possession of the lot, claiming title, and that Newton, the other defendant, was in possession as a temporary tenant of said Bellows.
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Writ op entry, to recover lot No. 39, in the third division of the original right of Edmund Moulton, in Northumberland, in this county. It was agreed that, at the date of the demandant’s writ, the defendant, Bellows, was in possession of the lot, claiming title, and that Newton, the other defendant, was in possession as a temporary tenant of said Bellows. The demandant had such previous title and possession of the lot as would entitle him to recover in this case, unless Bellows has title, by virtue of a vendue held by Antipas Marshall, jr., on the 11th day of January, 1817, when said…
1Opinion of the CourtEastman, J.
This case has been transferred to us, to obtain the opinion of this court upon two questions; first, whether the collector’s advertisement, in the New Hampshire Patriot, of the sale of the lot for taxes, was legal; and, second, whether there was competent evidence, to be submitted to the jury, as tending to show that the collector of the town of Northumberland was duly sworn into office in the year 1816, the year in which the lot was sold. These questions we will consider in their order.
It has been settled by several decisions, in this State, that a party, relying upon a title to land…
2Cases cited5 opinions
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Proprietors of Cardigan v. PageSuperior Court of New Hampshire · 1833
- Cavis v. RobertsonSuperior Court of New Hampshire · 1838
- Waldron v. TuttleSuperior Court of New Hampshire · 1826
- Northwood v. BarringtonSuperior Court of New Hampshire · 1838
3Cited by1 opinion
- Cahoon v. CoeSupreme Court of New Hampshire · 1876