LEAVITT v. BENZING

No. 4307.

99 N.H. 193 (1954)

FRANK O. LEAVITT & a. v. CONSTANCE C. BENZING & a.

Supreme Court of New Hampshire.

Decided September 8, 1954.


Attorney(s) appearing for the Case

Cooper, Hall & Cooper, John M. Brant and William H. Sleeper (Mr. Burt R. Cooper orally), for the plaintiffs.

Sulloway, Jones, Hollis & Godfrey and Irving H. Soden (Mr. Soden orally), for the defendants.


BLANDIN, J.

The first question before us is whether the defendants may now attack the decree of partition upon the ground that the committee failed to divide the land among the plaintiffs individually rather than by families. There was nothing in their original motion to set aside the report to direct attention to the point they now raise, the grounds stated then being that "The value of the several parts as set off in the Commissioners' report are not worth...

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