Aldrich v. Parsons
Superior Court of New Hampshire
This was a writ of entry, brought to recover a shop on a lot of land in Colcbrook ; and was tried, upon the general issue, at November term, 1833, and a verdict taken for the tenants, subject to the opinion of this court upon the following case. George Aldrich was once seized of the lot on which the shop demanded, stood, and while he was so seized, W. Forham, with his leave and license, built the shop upon the lot.
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This was a writ of entry, brought to recover a shop on a lot of land in Colcbrook ; and was tried, upon the general issue, at November term, 1833, and a verdict taken for the tenants, subject to the opinion of this court upon the following case. George Aldrich was once seized of the lot on which the shop demanded, stood, and while he was so seized, W. Forham, with his leave and license, built the shop upon the lot. The demandant, having sued out a writ against For-liam and wife, caused the shop to lie attached on the 29th May, 1828, and having afterwards obtained an execution, he on the 8th…
1Opinion of the CourtRichardson, C. J.
it is not to be doubted, that one man may have a freehold in a house, shop, barn, room, or chamber, on the land of another, for which a writ of entry might be maintained. 2 N. H. Rep. 11; 6 Greenleaf, 162.
Rut in this case Forham had no free Hold in the shop. It was a mere personal chattel, standing upon the land of another, and to remain there only during the pleasure of the owner of the land. 4 Mass. Rep. 514; 5 Pickering, 487 ; 6 N. H. Rep. 11.
Forham, then, never had any estate in the house that could pass by an extent, 17 Mass. Rep. 439; or be demanded in a writ of entry.
Besides, whatever…
2Cases cited3 opinions
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Mills v. PeirceSuperior Court of New Hampshire · 1819
- Harris v. GillinghamSuperior Court of New Hampshire · 1832
3Cited by1 opinion
- Providence Gas Co. v. Isaac ThurberSupreme Court of Rhode Island · 1851