Jones v. Perry
Supreme Court of New Hampshire
The plaintiff and defendant owned land adjoining. The line between was 148 rods long, running east and west, — Perry’s land lying on the north of this line, and Jones’s on the south of it. A highway bounded them both on the east, and a farm known as the John Carr farm bounded them both on the west, though Perry’s land was not all the way of the same width from north to south. The following diagram will represent the location and form of these lands.
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The plaintiff and defendant owned land adjoining. The line between was 148 rods long, running east and west, — Perry’s land lying on the north of this line, and Jones’s on the south of it. A highway bounded them both on the east, and a farm known as the John Carr farm bounded them both on the west, though Perry’s land was not all the way of the same width from north to south. The following diagram will represent the location and form of these lands. The lands on both sides of the line were used for pasturage, and at the west end was mostly woods and bushes. The fence on the line had been…
1Opinion of the Court
Bellows, O. J.
The question reserved, and the only one argued, is, whether one adjoining land-owner can lay in common a part of a tract of land once under improvement, and where the fence had been legally *139divided, and thus relieve himself of the burthen of maintaining the fence. In this case the fence on the line of the part which defendant proposed to lay in common, in the division by the fence-viewers, had all been assigned to the defendant, and the fence had once been built throughout the entire line.
If by laying in common, after such division, all the land of one proprietor on the line so…
2Cases cited1 opinion
- Wright v. WrightSupreme Court of Connecticut · 1851
3Cited by1 opinion
- Walker v. WetherbeeSupreme Court of New Hampshire · 1874