Pinkham v. Gear
Superior Court of New Hampshire
Trover for six loads of manure. The cause was tried here, upon the general issue, at September term, 1825 ; when it appeared in evidence, that the manure, mentioned in the declaration, was taken by the defendants in May, 1821, in and about a barn in Lee, and carried away. The barn had been in the possession of Richard Pinkham, the plaintiff’s late husband, from 1817 to 1819, when he died.
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Trover for six loads of manure. The cause was tried here, upon the general issue, at September term, 1825 ; when it appeared in evidence, that the manure, mentioned in the declaration, was taken by the defendants in May, 1821, in and about a barn in Lee, and carried away. The barn had been in the possession of Richard Pinkham, the plaintiff’s late husband, from 1817 to 1819, when he died. After the death of her husband, the plaintiff continued in possession of the ham until August, 1821. During all this time the barn belonged to Valentine Smith, but stood on land owned by one Moses Lumas. The…
1Opinion of the CourtRichardson, C. J.
There was no testimony in this case, that showed that either of the defendants had the least color of right in the manure which they took. It is absurd to suppose, that Gear had a right to the manure, because the hay, on which the cattle were kept, came from land, of which he had the possession in 1821, It does not appear, under what circumstances the plaintiff occupied the land, nor under what right the defendant Gear entered into the land. In the absence of all proof, it is to be presumed, that she lawfully occupied the land, and that lie entered by right. Bat the circumstance, that she…
2Cited by5 opinions
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