Whidden v. Proctor
Superior Court of New Hampshire
Writ oe Entry, wherein the plaintiffs, John P. Whidden, and Rebecca, his wife, demand possession of a certain tract of land in Chester, alleging that they were seized thereof in their demesne as of freehold, within twenty years last past, and that the defendant has unjustly entered upon the premises and disseized the plaintiffs.
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Writ oe Entry, wherein the plaintiffs, John P. Whidden, and Rebecca, his wife, demand possession of a certain tract of land in Chester, alleging that they were seized thereof in their demesne as of freehold, within twenty years last past, and that the defendant has unjustly entered upon the premises and disseized the plaintiffs. The defendant pleaded in abatement of the writ, because, he said, “ that long before and on the day of the purchase of said writ, William S. Anderson, George Porter, George H. Pinkerton and David Kimball, were seized of the demanded premises in their demesne as of…
1Opinion of the CourtParker, C. J.
Upon considering the character of a plea of md disseizin in a writ of entry, and its effect as an admission that the defendant claimed a freehold estate in the premises demanded, we have several times had occasion to advert incidentally to the principle that a party in possession, as tenant at will, or for a term of years only, might, in an action of that description, plead special non tenure, and defeat the writ. 2 N. H. Rep. 10, Mills *94v. Pierce; 8 N. H. Rep. 480, Sperry v. Sperry; 9 N. H. Rep. 174, Gibson v. Bailey. This principle is very distinctly stated in the elementary works upon Real…
2Cases cited3 opinions
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Towle v. AyerSuperior Court of New Hampshire · 1835
- Walker v. WilsonSuperior Court of New Hampshire · 1827
3Cited by1 opinion
- Marsh v. SmithSuperior Court of New Hampshire · 1846