Legal Opinion

Lane v. Thompson

Supreme Court of New Hampshire

Decided December 15, 1861PublishedCited by 4 opinions

Trespass. First count for breaking and entering tbe plaintiff’s close in Swanzey, joining the defendant’s, and the same formerly owned by Lucy Thompson, and set off to her as one of the heirs of her father’s estate, and there cutting down and carrying away and converting to his own use fifty cords of the plaintiff’s sapling pines, of the value of §150. The second count was trespass de bonis asportatis for taking, carrying away and converting to his own use fifty cords of the…

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Trespass. First count for breaking and entering tbe plaintiff’s close in Swanzey, joining the defendant’s, and the same formerly owned by Lucy Thompson, and set off to her as one of the heirs of her father’s estate, and there cutting down and carrying away and converting to his own use fifty cords of the plaintiff’s sapling pines, of the value of §150. The second count was trespass de bonis asportatis for taking, carrying away and converting to his own use fifty cords of the plaintiff’s saplings, of the value of §150. Plea, the general issue. Upon the trial it appeared that the close in…

1Opinion of the CourtSargent, J.

Leaving out of view for the present the questions, raised by the appointment of an administrator upon the estate of Lucy Holbrook, and the decree of insolvency in said estate, we find, from the facts stated in the case, that, at the time the acts complained of as trespasses were committed, Robert Holinbeck, Jr., had a life estate in the land, and the plaintiff had only the reversionary interest of Austin Holbrook, which fell to him on the death of his half sister, Belinda (Mrs. Holinbeck), without children then living, or any heirs in the descending line, or father or mother living; under…

2Cases cited3 opinions

  1. Gibson v. FarleyMassachusetts Supreme Judicial Court · 1820
  2. Jackson ex dem. Hardenbergh v. SchoonmakerNew York Supreme Court · 1809
  3. Randall v. CleavelandSupreme Court of Connecticut · 1827

3Cited by4 opinions

  1. Reed v. HatchSupreme Court of New Hampshire · 1875
  2. Carter v. JacksonSupreme Court of New Hampshire · 1876
  3. Clough v. CloughSupreme Court of New Hampshire · 1902
  4. Wentworth v. Portsmouth & Dover RailroadSupreme Court of New Hampshire · 1875

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