Harris v. Gillingham
Superior Court of New Hampshire
This was an action of trespass for breaking and entering the plaintiff’s house in Bradford, on the 29th April, 1828, and pulling down the chimney, and tearing off the boards from the roof and sides of the house, whereby the plaintiff was exposed to the weather and much intimidated.
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This was an action of trespass for breaking and entering the plaintiff’s house in Bradford, on the 29th April, 1828, and pulling down the chimney, and tearing off the boards from the roof and sides of the house, whereby the plaintiff was exposed to the weather and much intimidated. The cause was tried here, upon the general issue, at February term, 1831, when it appeared in evidence, that sometime previous to the 26th June, 1826, the plaintiff, with the assistance of her friends, and with the permission of the owner of the land, erected the house mentioned in the declaration, and resided in…
1Opinion of the Court
By the court.
In order to determine, whether the in structions, given to the jury in this case, were correct, it is necessary to determine, what were the rights of the plaintiff in the house mentioned in the declaration, at the time the defendants entered.
*11It may be conceded, that when she had erected the house, it was her property, although erected upon the land of another person. And a license to erect the house upon the land, may, well enough, be construed to be a license to occupy it, at least during the pleasure of the owner of the land, and perhaps to remove it from the land, when she…
2Cases cited5 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Hyatt v. WoodNew York Supreme Court · 1809
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Ives v. IvesNew York Supreme Court · 1816
- Kingsbury v. PondSuperior Court of New Hampshire · 1826
3Cited by4 opinions
- Carleton v. RedingtonSuperior Court of New Hampshire · 1850
- Cowles v. KidderSuperior Court of New Hampshire · 1852
- Putney v. DaySuperior Court of New Hampshire · 1833
- Aldrich v. ParsonsSuperior Court of New Hampshire · 1834