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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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Following a hearing, the district division awarded the plaintiffs a writ of
possession. It found that Friedline filed the eviction notice on behalf of both
owners because Kellogg-Roe had granted her a durable power of attorney.
Citing RSA 506:1, the court also concluded that any agreement entitling the
defendant to a life estate was unenforceable because the defendant did not
prove that the agreement had been reduced to writing. See RSA 506:1 (2010)
(“No action shall be maintained upon a contract for the sale of land unless the
agreement upon which it is brought, or some memorandum thereof, is in
writing and signed by the party to be charged, or by some person authorized by
him in writing.”). The court further found that the defendant’s deed from
Brookwood was not void because the 1999 transfer was for valuable
consideration. This appeal followed.