Lyman v. Brown
Supreme Court of New Hampshire
Trespass, (piare clausum. Iffea, the general issue. Trial by jury and verdict for the defendant. Transferred from the June term, 1905, of the superior court by Stone, J. The plaintiff moved that the verdict be set aside and that judgment be ordered in his favor, for the following reasons: (1) The verdict is against the law and the evidence; (2) the jurors did not keep together at the view and were spoken to for that reason by the sheriff who had them in charge; (3) during…
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Trespass, (piare clausum. Iffea, the general issue. Trial by jury and verdict for the defendant. Transferred from the June term, 1905, of the superior court by Stone, J. The plaintiff moved that the verdict be set aside and that judgment be ordered in his favor, for the following reasons: (1) The verdict is against the law and the evidence; (2) the jurors did not keep together at the view and were spoken to for that reason by the sheriff who had them in charge; (3) during the view of the line claimed by the parties some of the jurors drank cider as it was offered to them; (4) before the…
1Opinion of the CourtBingham, J.
The plaintiff owns a lot of land situated in Madison, and the defendant’s wife owns a lot in Tamworth, adjoining the plaintiff’s lot on the west. The title to both lots was derived from the same grantor. The boundary between the towns is a straight line. It is also the division line between the lots. The plaintiff claimed at the trial that the town line was located on the ground about seven rods west of where the defendant claimed it to be. The territory upon which the alleged trespass was committed is located between the lines thus claimed. The defendant justified the acts complained of as…
2Cases cited2 opinions
- Tabor v. JuddSupreme Court of New Hampshire · 1882
- Noyes v. GouldSupreme Court of New Hampshire · 1876
3Cited by2 opinions
- Gosselin v. LemaySupreme Court of New Hampshire · 1931
- Chabot v. W. H. McElwain Co.Supreme Court of New Hampshire · 1919