Barker v. Publishers Paper Co.
Supreme Court of New Hampshire
(1) Trespass, quare clausum, to try the title to real estate. (2) Bill in Equity, to establish the divisional line between the parties and to enjoin the suit at law. The cases were tried together by Kivel, J., without a jury, at the September term, 1913, of the superior court. A verdict was found for the plaintiff in the action at law, and a decree was made in the equity case locating the line as claimed by Barker. The company filed a bill of exceptions, which was allowed.
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(1) Trespass, quare clausum, to try the title to real estate. (2) Bill in Equity, to establish the divisional line between the parties and to enjoin the suit at law. The cases were tried together by Kivel, J., without a jury, at the September term, 1913, of the superior court. A verdict was found for the plaintiff in the action at law, and a decree was made in the equity case locating the line as claimed by Barker. The company filed a bill of exceptions, which was allowed. The facts are stated in the opinion. The chalk on p. 162 shows the locus.
1Opinion of the CourtPbaslee, J.
The parties are herein designated as plaintiff and defendant as they appear in the action at law. The issue is the title to a small strip of land in Rumney, bounded northeasterly by Stinson’s pond, northerly by Stinson brook, northwesterly by a highway and southerly by the plaintiff’s land. Barker claims title by deed and by the adverse possession of his predecessors, and the company claims by deed. Upon the trial it was found that the claim of title by adverse possession was established, and that, if this was not so, the practical construction adopted and followed by the parties for many…
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