NORTHERN N.H. MENTAL HEALTH v. CANNELL

No. 90-463

134 N.H. 519 (1991)

NORTHERN NEW HAMPSHIRE MENTAL HEALTH AND DEVELOPMENTAL SERVICES, INC. v. JOHN R. CANNELL

Supreme Court of New Hampshire.

July 26, 1991


Attorney(s) appearing for the Case

Cooper, Fauver & Deans P.A., of North Conway (Dorcas H. Deans on the brief and orally), for the plaintiff.

Upton, Sanders & Smith, of Concord (Russell F. Hilliard and Bridget C. Ferns on the brief, and Mr. Hilliard orally), for the defendant.


BROCK, C.J.

The defendant, who owns the Intervale Motel in North Conway as a tenant-in-common with the plaintiff, appeals from two orders of the Superior Court (O'Neil, J., and Mohl, J.) rejecting his claim that the plaintiff's right to partition the motel property has been waived. For the reasons that follow, we affirm.

The origins of this dispute begin in 1974 when the defendant and his wife, Elizabeth Cannell, were divorced. As a married couple...

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