Riley v. Jameson
Superior Court of New Hampshire
This was an action of trespass for breaking and entering the plaintiff’s close in Antrim, in this county, in the year 1817, and cutting and carrying away the plaintiff’s grass. The cause was tried here at October term, 1822, upon tiie general issue. Neither party offered at the trial any evidence of title except possession ; so that the real question between them was, who first gained possession of the land. The close described in the writ was part of lot.
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This was an action of trespass for breaking and entering the plaintiff’s close in Antrim, in this county, in the year 1817, and cutting and carrying away the plaintiff’s grass. The cause was tried here at October term, 1822, upon tiie general issue. Neither party offered at the trial any evidence of title except possession ; so that the real question between them was, who first gained possession of the land. The close described in the writ was part of lot. No. 15, in Antrim ; and it appeared, in evidence, that No. 15 lay on botli sides of Contoocook river, and that the locus in quo lay on the…
1Opinion of the Court
Rschaiidsoíy, C. J.
delivered the opinion of the court.
As it distinctly appeared, at the trial of this cause, that the plaintiff had entered upon that part of lot No. 15 which lay on the east side of the river, claiming the whole lot, previous to the entry of the defendant upon that part of the lot which lay on the west side of the river ; it is clear, that if such entry and claim on the part of the plaintiff gave him possession of the whole lot, the first entry of the defendant was tortious, the jury were misdirected, and the plaintiff is entitled to a neiv trial. The first question then is,…
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3Cited by11 opinions
- Bailey v. CarletonSuperior Court of New Hampshire · 1841
- Woods v. BanksSuperior Court of New Hampshire · 1843
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- Hale v. GliddenSuperior Court of New Hampshire · 1839
- Deatherage v. LewisAppellate Court of Illinois · 1985
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