Citation Numbers: 58 N.H. 79
Judges: ALLEN, J.
Filed Date: 3/5/1877
Status: Precedential
Modified Date: 1/12/2023
The statute under which the indictment was found is, that if any person "shall make any deed or conveyance of any real estate, knowing that any incumbrance exists thereon, without informing the grantee, by exception in the deed or otherwise, before any part of the consideration is paid, of the existence, nature, and amount thereof, so far as he knows the same," c. It is not alleged in the indictment that the respondent made the deed without giving the grantee the required information before any part of the consideration of the deed was paid; nor is there any allegation bringing the case within the provision of the statute, which makes the withholding of information criminal only when the concealment is continued until part of the consideration is paid. The omission of such an averment is fatal to the indictment. State v. Gove,
Indictment quashed.
FOSTER, J., did not sit. *Page 81