McCauley v. Brooks

• Decision Date: 03 December 1929
• Citation: McCauley v. Brooks, 84 N.H. 207, 147 A. 898 (N.H. 1929)
• Parties: McCAULEY v. BROOKS et al.
• Court: New Hampshire Supreme Court

147 A. 898

McCAULEY

v. BROOKS et al.

Supreme Court of New Hampshire. Grafton.

Dec. 3, 1929.

Transferred from Superior Court, Grafton County; Sawyer, Judge.

Suit by Elizabeth B. McCauley against Rose B. Brooks and another. Transferred to the Supreme Court by the superior court. Case discharged.

Petition for the partition of several tracts of land which the parties hold in common as heirs of Louis B. Brooks. The lands lie in several counties, and all are included in the petition filed in Grafton county.

The defendants pleaded that all the parties had joined in a deed of trust conveying the property to a bank to hold for certain purposes.

The plaintiff replied that the deed had never been accepted by the bank, that it was without consideration, that it had been revoked by the parties, and that she signed it under a mistake as to its terms.

The superior court transferred the question whether the proceeding in Grafton county could apply to all the lands, and "the questions raised by the pleadings."

J. Morton Rosenblum, of Manchester, for plaintiff.

Stanton Owen, of Laconla, for defendants.

PEASLEE, C. J. Counsel on both sides are agreed that under the provisions of Public Laws 1926, c. 354, § 2, the petition properly includes all the lands in the state held by the parties as tenants in common. The manifest intent of the statute is that county lines shall not divide jurisdiction in partition proceedings. The proceeding may be brought "in the county in which the estate or any part thereof lies." Id. If the lands were all in Grafton county, no one would doubt the propriety of...