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ROXBURY v. WILLEY

No. 7065.

116 N.H. 27 (1976)

THEODORE ROXBURY, JR. v. WESLEY L. WILLEY & a.

Supreme Court of New Hampshire.

January 31, 1976.

Attorney(s) appearing for the Case

Shaw & Robertson and Brian G. Doherty (Mr. Robert Shaw orally) for the plaintiff.

Shute, Engel & Frasier and Robert L. Steuk (Mr. Steuk orally) for the defendant.

PER CURIAM.

The issue in this petition for partition is whether there was evidence to support the award of $13,000 for the fair value of improvements made on the common property by the defendants. We hold there was not.

Defendants Willey for two years prior to 1961 had occupied one of three buildings on the property in question as tenants of Olive E. Roxbury who in fact had only a one-third interest in the entire premises...

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