Preview:

NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Belknap No. 2005-865 JAMES M. GREELISH v. DIANE WOOD Argued: September 7, 2006 Opinion Issued: December 7, 2006 John F. Lake, of Barnstead, by brief and orally, for the plaintiff. Donald F. Whittum, of Rochester, by memorandum of law and orally, for the defendant. HICKS, J. The plaintiff, James M. Greelish, appeals an order of the Superior Court (Perkins, J.) awarding damages arising out of the defendant's occupancy of a home purchased by the plaintiff at a foreclosure sale. We affirm in part, vacate in part, and remand. The defendant, Diane Wood, possessed a life estate in a residence located in Center Barnstead. The property was sold to the plaintiff at a foreclosure sale, however, which terminated the life estate. On July 7, 2003, the plaintiff served the defendant with a notice to quit and a notice to leave the premises and not re-enter. When the defendant failed to vacate the premises, the plaintiff filed a landlord-tenant writ in Laconia District Court, which the defendant removed to superior court. On or about January 1, 2004, the defendant vacated the premises. This resolved the issue of possession, but the

action continued

Download 2005-865, JAMES M. GREELISH v. DIANE WOOD.pdf

New Hampshire Law