Legal Opinion

Mills v. Peirce

Superior Court of New Hampshire

Decided February 15, 1819PublishedCited by 5 opinions

A plea of nut disseisin impliedly admits that the tenant is in possession of tile premises. If not in possession, he should disclaim or plead non tenure ; or if in possession, claiming less than a freehold, he should plead non tenure special.— The description of the premises, as “ a store,” bounded, &c. is sufficient. — [#em-ble.) The title of the demandant cannot he aided by deeds executed to him from third persons after the commencement of his action.

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A plea of nut disseisin impliedly admits that the tenant is in possession of tile premises. If not in possession, he should disclaim or plead non tenure ; or if in possession, claiming less than a freehold, he should plead non tenure special.— The description of the premises, as “ a store,” bounded, &c. is sufficient. — [#em-ble.) The title of the demandant cannot he aided by deeds executed to him from third persons after the commencement of his action. A store or house will pass to a creditor by an appraisal under an execution, and need not be sold at the post. A writ of entry is the proper…

1Opinion of the CourtWoodbury, J.

1. It is an elementary rule in pleading, that all is admitted, which is not denied. — Qui non negat, fatetur. Loft’s Maxims, 84.

The plea of nul disseisin, then, admits the tenant to be in possession of the premises, claiming a freehold ; because such is virtually the allegation in the writ, and no part of the writ is denied by the plea, except the seizin of the demand-ant within twenty years. 4 Mass. Rep. 444.

If, in fact, at the commencement of the action, the tenant was not in possession, claiming any interest, he should have pleaded non tenure, or disclaimed: or, if in possession, claiming…

2Cases cited3 opinions

  1. Loring v. BaconMassachusetts Supreme Judicial Court · 1808
  2. Andrews v. HooperMassachusetts Supreme Judicial Court · 1816
  3. Bates v. SparrellMassachusetts Supreme Judicial Court · 1813

3Cited by5 opinions

  1. Lavoie v. SzumiezSupreme Court of New Hampshire · 1975
  2. Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
  3. Aldrich v. ParsonsSuperior Court of New Hampshire · 1834
  4. Goodall v. RowellSuperior Court of New Hampshire · 1844
  5. Kenniston v. HannafordSupreme Court of New Hampshire · 1875

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