Shepherd v. Thompson
Superior Court of New Hampshire
This was an action of trespass for breaking and entering the plaintiff’s close in Holderness, and was tried here upon the general issue, at May term, 1827. The dispute between the parties was in relation to the dividing line between the bcm in qua, and the defendant’s adjoining close.
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This was an action of trespass for breaking and entering the plaintiff’s close in Holderness, and was tried here upon the general issue, at May term, 1827. The dispute between the parties was in relation to the dividing line between the bcm in qua, and the defendant’s adjoining close. On the part of the defendant, it was contended that a certain white oak Was the boundary between the closes, and to prove this the defendant offered sundry depositions, in which it was testified that elderly persons, now deceased, and others at the time in possession of the close which the defendant now claims,…
1Opinion of the CourtRichardson, C. J.
Several exceptions have been taken to the evidence, which was submitted to the jury in this case. In the first place, it is objected that the defendant was permitted to offer to the jury the declarations of persons deceased, who at the time were in possession of the land he claims, that the oak to which he claims was the true boundary between the lots. The true rule on this subject is stated by Philips in his treatise on Evidence, 182. “ In questions, upon a boundary, &c. declarations, as to the common opinion of the place, made by deceased persons, who from their situation had *215the, means of…
2Cases cited3 opinions
- Jackson ex dem. M'Donald v. M'CallNew York Supreme Court · 1813
- Jackson v. ShearmanNew York Supreme Court · 1810
- Bartlet v. DelpratMassachusetts Supreme Judicial Court · 1808
3Cited by9 opinions
- Great Falls Co. v. WorsterSuperior Court of New Hampshire · 1844
- Smith v. PowersSuperior Court of New Hampshire · 1844
- Gibson v. PoorSuperior Court of New Hampshire · 1850
- Pike v. HayesSuperior Court of New Hampshire · 1843
- Wallace v. GoodallSuperior Court of New Hampshire · 1846
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