Case, for deceit in the sale of standing timber. The alleged deceit consisted in representing that the defendant was the owner in fee of the land on which the timber was standing, when in fact he was the owner of a life estate only. Facts found by a referee. The land on which the timber stood was devised to the defendant for life, remainder to his heirs in fee.
Cited by 1 later decisions — most recently May 1975
¶1
The defendant took a life estate in the land under the will. The rule in
Shelley's ease,
if it was ever adopted in this state, has been abolished so far as it applies to devises of real estate. G-. L.,
c.
193,
s.
5.
¶2
The alleged deceit was, that the defendant represented that he was the owner in fee of the land on which the timber stood. The proof is, that both parties understood at the time of the eonveyance that the defendant owned only a life estate in the land. Not only no wilful deceit is shown, but the plaintiff was not deceived as to the defendant’s title.
Hoitt
v.
Holcomb,
23 N. H. 535, 552;
Page
v.
Parker,
40 N. H. 47, 69;
Newell
v.
Horn,
45 N. H. 421.
