Stevens v. Dennett
Supreme Court of New Hampshire
The WRIT, by Jeremiah E. Stevens against Charles E. Dennett, was dated December 3, 1870. The declaration contained two counts in case and one in trover.
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The WRIT, by Jeremiah E. Stevens against Charles E. Dennett, was dated December 3, 1870. The declaration contained two counts in case and one in trover. The first count in case alleged, in substance, that the plaintiff was seized and possessed and was entitled, in common with the defendant, to a certain well within the limits of the highway ; that the plaintiff, and the previous holders and occupants of the farm on which the plaintiff now lives, had occupied and used the said well, as appurtenant to said premises, for the purpose of supplying the same with water for upwards of twenty years…
1Opinion of the Court
FOSTER, J. I.
The plaintiff’s claim to recover damages upon the first two counts in his declaration rests upon an alleged prescriptive right to the use and occupation, in common with the defendant, of the well located upon the premises of the latter.
Prescription may be defined to be — A title acquired by possession had during the time and in the manner fixed by law. “ Prescripts est titulus exusu tempore substantiam capiens ab authoritate legis.” Co. Litt. 113 b. After the lapse of the requisite period, the law adds the right of property to that which before was possession, or, in the case of…
2Cases cited4 opinions
- Martin v. ZellerbachCalifornia Supreme Court · 1869
- Lucas v. HartSupreme Court of Iowa · 1857
- Manufacturers' & Traders' Bank v. HazardNew York Court of Appeals · 1864
- Foster v. BigelowSupreme Court of Iowa · 1868
3Cited by11 opinions
- Soukup v. BrooksSupreme Court of New Hampshire · 2009
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- Turco v. Town of BarnsteadSupreme Court of New Hampshire · 1992
- Craig v. BaumgartnerSupreme Court of Minnesota · 1934
- Boundary County v. WoldsonDistrict Court, D. Idaho · 1943
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