Winnipissiogee Paper Co. v. Marsh

• Decision Date: 19 July 1888
• Citation: 15 A. 19,64 N.H. 531
• Parties: WINNIPISSIOGEE PAPER CO. v. MARSH.
• Court: New Hampshire Supreme Court

15 A. 19

64 N.H. 531

WINNIPISSIOGEE PAPER CO.

v. MARSH.

Supreme Court of New Hampshire. Merrimack.

July 19, 1888.

Appeal from probate court, Merrimack county.

Appeals from the disallowance of claims against the estate of Sylvester Marsh, deceased, by the commissioner of insolvency.

Daniel Barnard, for plaintiffBingham & Mitchell, for defendant.

CLARK, J.The plaintiffs, who are the owners of a tract of land in Crawford's Purchase, claim to recover of the estate of Sylvester Marsh, a former owner and the grantor, with covenants of warranty of the plaintiffs' grantor, expenses incurred in a proceeding instituted by them to annul a tax deed of Crawford's Purchase and Chandler's Purchase, given upon a sale for taxes assessed against Marsh previous to the conveyance by him to the grantor of the plaintiffs.It appears that the suit to set aside the tax deed was instituted without notice to Marsh, and that neither he, in his life-time, nor his representative since his decease, was a party, or was notified to become a party to it, and that the suit was settled by agreement of the parties by a decree that the...