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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Leigh Mae Friedline & a. v. Eugene Roe, 166 N.H. 264 (2014)

Citation
Leigh Mae Friedline & a. v. Eugene Roe, 166 N.H. 264 (2014)
Parent Document
Leigh Mae Friedline & a. v. Eugene Roe, 166 N.H. 264 (2014)
Jurisdiction
New Hampshire (state)
Effective Date
2014-05-16

Other Sections in This Document (26)

Full Text

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The defendant filed a brief statement and plea of title in response to the
writ, arguing, among other things, that the case should be dismissed because
both record owners of the premises did not sign the eviction notice. In his plea
of title, the defendant argued that a constructive trust should be imposed
because “[t]he 2004 conveyance from [the defendant] to [Kellogg-Roe] was
based on the agreement that [the defendant] could live in the house for the rest
of his life.” The defendant also challenged the plaintiffs’ title to the property by
arguing that Brookwood, “as a charitable trust[,] was without authority to give
the house and barn to [the defendant] in 1999 and therefore plaintiff[s] as . . .
assignee[s] without consideration, [do] not own title to the house.”