Emerson v. Emerson

Supreme Court of New Hampshire

Emerson v. Emerson

58 N.H. 413

CourtSupreme Court of New Hampshire

DecidedAugust 5, 1878

StatusPublished

Cited by1 cases

This text of 58 N.H. 413 (Emerson v. Emerson) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Emerson v. Emerson, 58 N.H. 413 (N.H. 1878).

Pincite

Opinion

Bingham, J.

The defendant is a tenant, and does not claim a freehold estate, still has pleaded nul disseizin. This plea admits him in possession claiming a freehold.

If the assignee had, with the plaintiffs’ consent, become a party to the suit by an amendment of the writ, standing upon his own rights as assignee, the question would have arisen whether the plaintiffs could maintain this action against him. The only question now is, whether the plaintiffs can maintain it against the defendant. Dow v. Leach, 58 N. H. 18.

Judgment on the verdict.

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Bingham, J.

The defendant is a tenant, and does not claim a freehold estate, still has pleaded nul disseizin. This plea admits him in possession claiming a freehold.

If the assignee had, with the plaintiffs’ consent, become a party to the suit by an amendment of the writ, standing upon his own rights as assignee, the question would have arisen whether the plaintiffs could maintain this action against him. The only question now is, whether the plaintiffs can maintain it against the defendant. Dow v. Leach, 58 N. H. 18.

Judgment on the verdict.

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Bluebook (online)

58 N.H. 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emerson-v-emerson-nh-1878.

Opinion

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