Wendell v. Blanchard
Superior Court of New Hampshire
Possession of land is evidence of title to be left to a jury. A disseisin, which disables the disseisee to maintain trespass for acts done upon the land afterthe disseisin until he re-enters, must be an actual dispossession and holding out of the disseisee. Trespass quart clausum fregit.
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Possession of land is evidence of title to be left to a jury. A disseisin, which disables the disseisee to maintain trespass for acts done upon the land afterthe disseisin until he re-enters, must be an actual dispossession and holding out of the disseisee. Trespass quart clausum fregit. The declaration alleged, that the defendants on the first day of November, 1819, and on divers other days between that day and the first day of June, 1820, broke and entered the plaintiff’s close in Springfield, in this county, and cut trees, &c. The cause was tried here at October term, 1821, upon the…
1Opinion of the CourtRichardson, C. J.
It has been contended in this case, that the entry of John Wendell upon the land in 1802, was not proper evidence to have been left to the jury in support of the plaintiff’s title ; but it is well settled, that he who is in possession of land has a right to retain the possession against all who can shew no better title. Hence, possession has always been held sufficient evidence of title to enable him in possession to maintain trespass against every body who can shew no title ; and hence it has always been held, that possession by one twenty years ago is better evidence of title than…
2Cases cited1 opinion
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1810
3Cited by7 opinions
- Woods v. BanksSuperior Court of New Hampshire · 1843
- Parker v. BrownSuperior Court of New Hampshire · 1844
- Bassett v. Salisbury Manufacturing Co.Superior Court of New Hampshire · 1854
- Cobleigh v. YoungSuperior Court of New Hampshire · 1844
- Dearborn v. EastmanSuperior Court of New Hampshire · 1828
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