Whitney v. Bickford
Supreme Court of New Hampshire
The plaintiff claims title by prescription and under a deed from the New Hampshire Iron Factory Company, executed February 25, 1857. The deed, after describing certain mill property and a portion of the homestead farm, so called, in Franconia, westerly of the main road, contains the following: “ Also the following described portions of said homestead farm lying easterly of the main road, viz.: The lot situate on said road, between the estate of Elder Nathaniel X. George and…
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The plaintiff claims title by prescription and under a deed from the New Hampshire Iron Factory Company, executed February 25, 1857. The deed, after describing certain mill property and a portion of the homestead farm, so called, in Franconia, westerly of the main road, contains the following: “ Also the following described portions of said homestead farm lying easterly of the main road, viz.: The lot situate on said road, between the estate of Elder Nathaniel X. George and land of half an acre or thereabout in extent, which the Iron Factory Company aforesaid conveyed to one Babcock, a…
1Opinion of the CourtWallace, J.
The plaintiff claims title to the premises in question by prescription and' by deed. The finding of the referee ■ that “ Ms possession and occupancy have not been of such a character as to give him title by prescription ” disposes of that claim.
Therefore the only question to be considered is whether the deed to the plaintiff includes the land in dispute. The deed, after describing a portion of the homestead farm on the westerly side of the main road, proceeds as follows : “ Also the following portions of said homestead farm lying easterly of the main road, viz.,” and then describes several…
2Cases cited1 opinion
- Forest v. JacksonSupreme Court of New Hampshire · 1876
3Cited by1 opinion
- Willson v. LegroSupreme Court of New Hampshire · 1909