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22 N.H. 590

Haynes v. Powers

Superior Court of New Hampshire

Decided July 15, 1851

Superior Court of New Hampshire · decided 1851-07-15

This was an action of dower, brought to recover the plaintiff’s right in a certain piece of land situated in Alexandria, and bounded as follows. “ Beginning at the north-east corner of lot No. 10, thence southerly on the line between this and land owned by Clark Haynes to the road which leads to William A. Bailey’s, thence westerly on the road leading to George Bailey’s, thence northerly down to the bridge on Little River, so called, thence easterly to the bounds first…

Cited by 2 later decisions — most recently August 2010

1 district · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-07-15

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Bell, J.

¶1The demand was sufficient. It called for dower, of the defendant, of course, of land, of which'he was tenant; of *592part of lot No. 10 ; the right of J. Fellows ; and being land which the husband, J. Haynes, once owned. No evidence was offered, that the lot No. 10, in which the demanded premises were situate, was the right of J. Fellows. Nothing was shown in regard to that; that circumstance in the description is therefore to be disregarded. As it appeared, that there were several lots numbered 10, in the town, the description of the premises, in which dower was demanded, as No. 10 alone, would be bad for uncertainty. But when it is said in the written demand of dower made upon this tenant, “ part of lot No. 10, once owned by J. Haynes,” and there is no evidence that either J. Haynes, or the defendant, ever owned any part of any other lot No. 10, there is no pretence of uncertainty, nor chance of mistake. ..

¶2Judgment on the verdict*

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