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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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We have recognized that once a defendant raises a plea of title, the
district division does not bear the burden to transfer or otherwise enter the
action in superior court. See id. Rather, RSA 540:17 places the burden to
institute the action in the superior court on the defendant. Id. Moreover, the
district division does not have the authority to address the merits of a title
claim because “issues of title must be resolved in superior court.” Wells Fargo
Bank v. Schultz, 164 N.H. 608, 611 (2013); see also Deutsche Bank Nat’l Trust
Co., 161 N.H. at 804 (noting that defendants would not have been able to
pursue their challenge to plaintiff’s title in district court).