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PETTIS v. WHITE CONTRACTING CO.

No. 4989.

103 N.H. 537 (1961)

ALLEN C. PETTIS v. J. F. WHITE CONTRACTING COMPANY.

Supreme Court of New Hampshire.

Decided December 27, 1961.

Attorney(s) appearing for the Case

Perkins & Dowst for the plaintiff, furnished no brief.

Sulloway, Hollis, Godfrey & Soden (Mr. Joseph S. Ransmeier orally), for the defendant.

BLANDIN, J.

The only question transferred by the Court is "whether plaintiff is entitled to maintain his Petition against the defendant, who at the time the Petition was served and for several months theretofore had no record nor other title therein." The issue is governed by RSA 529:26, 34, 35.

The material portions of s. 26 read as follows: "The sale and deed made in pursuance thereof shall be void if, within...

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